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http://www.chicagotribune.com/news/chi-ap-il-ticklemonster,0,4245112.story
Lawyer who asked to tickled kids acquitted
Associated Press
5:17 AM CDT, March 26, 2009
EDWARDSVILLE, Ill. - A Madison County judge has ruled it was not illegal for a man to ask to tickle kids.
But I assure you it will be illegal for the father to hand a guy's ass to him for asking
Charles Douglas in September was charged with misdemeanor disorderly conduct after he approached parents at a Glen Carbon park and asked if he could tickle their kids.
At the time he was charged, the 58-year-old Douglas said he has done a "tickle monster" routine with children, and that it's simply a "joking thing."
A tickle monster "routine"? What, does he moonlight as a party clown? Was he wearing big clown shoes when he asked to tickle the kids?
Associate Judge Kyle Napp ruled Wednesday that Douglas did ask to tickle children, and his remarks were protected as free speech by the First Amendment.
Does this maybe fall under the "yelling fire in a crowded theater" category? Especially if by saying this he is risking getting the shit kicked out of him?
Douglas' lawyer, Ted Barylske, argued Douglas could only be prosecuted for disorderly conduct if his remarks fit the description of what the U.S. Supreme Court has termed "fighting words."
So if the father does kick the shit out of him, he's in the clear as long as he explains to the cops that he considers "Hi can I tickle your kids?" to be fighting words?
Lawyer who asked to tickled kids acquitted
Associated Press
5:17 AM CDT, March 26, 2009
EDWARDSVILLE, Ill. - A Madison County judge has ruled it was not illegal for a man to ask to tickle kids.
But I assure you it will be illegal for the father to hand a guy's ass to him for asking
Charles Douglas in September was charged with misdemeanor disorderly conduct after he approached parents at a Glen Carbon park and asked if he could tickle their kids.
At the time he was charged, the 58-year-old Douglas said he has done a "tickle monster" routine with children, and that it's simply a "joking thing."
A tickle monster "routine"? What, does he moonlight as a party clown? Was he wearing big clown shoes when he asked to tickle the kids?
Associate Judge Kyle Napp ruled Wednesday that Douglas did ask to tickle children, and his remarks were protected as free speech by the First Amendment.
Does this maybe fall under the "yelling fire in a crowded theater" category? Especially if by saying this he is risking getting the shit kicked out of him?
Douglas' lawyer, Ted Barylske, argued Douglas could only be prosecuted for disorderly conduct if his remarks fit the description of what the U.S. Supreme Court has termed "fighting words."
So if the father does kick the shit out of him, he's in the clear as long as he explains to the cops that he considers "Hi can I tickle your kids?" to be fighting words?