ACLU Challenges Colorado Springs Anti-profanity Ordinance
FOR IMMEDIATE RELEASE
May 5, 1998
The Colorado Springs anti-profanity ordinance is unconstitutional, the American Civil Liberties Union of Colorado (ACLU) said today in a letter sent to Chief of Police Lorne Kramer. The ACLU asked Chief Kramer to issue an order forbidding officers from issuing any new summonses under the ordinance.
The ordinance prohibits the use of "indecent language" in any city park. Police have been issuing tickets for "swearing," "cursing," and "using offensive language."
"The Constitution protects our right to speak freely," said Mark Silverstein, ACLU Legal Director. "It does not permit the police to monitor our conversations to ensure that they meet government-approved standards of good taste."
"The First Amendment does not allow the government to punish individuals simply for using language that happens to offend a police officer," Silverstein continued. "As the Supreme Court has explained, ‘one man’s vulgarity is another’s lyric.’"
The Supreme Court has said that permitting the government to censor particular words poses the risk that ideas will be suppressed in the process. This has already occurred in Colorado Springs, according to the ACLU’s letter, which cited the case of Richard Bogan. Bogan was ticketed for using the word "bullshit" on two occasions, first to describe an officer’s decision to issue a littering ticket and a second time to describe the anti-profanity ordinance itself. "Mr. Bogan’s criticism of police practices and municipal policies, including his choice of language, is fully protected by the Constitution," Silverstein said.
The ACLU’s letter quoted the narrative descriptions of the offense that were provided in summonses written by Colorado Springs police to enforce the ordinance:
"Subject used offensive language in parks."
"Subject was warned and then continued to curse."
"Subject heard saying 'This is fucking bullshit' in a city park."
"Used offensive language in Acacia Park."
"Repeatedly used the words 'fuck' and 'shit' in Acacia Park."
"Subject cursed in city park."
"Subject swearing in Acacia Park."
"Subject was heard to curse in a city park."
"Continuous profanity in park."
"Subject used the work 'fuck' after being warned not to swear."
"Subject was using offensive language."
"These summonses demonstrate that individuals in Colorado Springs are being charged with a crime simply for their choice of words," Silverstein said. "This ordinance gives too much discretion to the police, provides a pretext for harassment, is subject to abuse and selective enforcement, and violates the First Amendment."
The ACLU’s letter asked Chief Kramer to respond within two weeks.