65-year-old woman gets jury trial over $445 obscenity ticket for her "truck nuts"

**Jenna** · 07-29-11, 04:09 PM

So that puts a South Carolina town that issued Virginia Tice, 65, a $445 obscenity ticket earlier this month on the front lines of a cutting-edge constitutional issue. Represented on a pro bono basis by Savage & Savage, she was going to ask for a jury trial but discovered that Bonneau's police chief had already done so, according to the Post and Courier and Reuters.
"She's such a sweet lady and she just says 'I don't want to pay the fine.' We'll let a jury decide whether this is really criminal behavior. I don't want to take away from the importance of free speech, but it's really comical," attorney Scott Bischoff of the Savage firm tells the newspaper, explaining that he plans to pursue a First Amendment defense.

More here: Jury Trial Planned re $445 Obscenity Ticket Issued Over Plastic Dangling Bull Privates - News - ABA Journal

**MacLean** · 07-30-11, 02:56 AM

Someone wrote her a ticket for that?

**CTR man** · 07-30-11, 03:10 AM

I guess one could say that this is not too far away ( on the bull ) from being a bullshit ticket.

**Ducky** · 07-30-11, 12:25 PM

Tice was ticketed under a state law banning bumper stickers that describe, in an offensive manner, "sexual acts, excretory functions, or parts of the human body." She could be fined a maximum of $445 but faces no jail time, if convicted.

This is where it's going to fail. Truck Nutz are based off of bovine testicles, not human.

**jmur5074** · 07-30-11, 12:50 PM

Originally Posted by Ducky

This is where it's going to fail. Truck Nutz are based off of bovine testicles, not human.

Here is the entire statute
SECTION 56-5-3885. Unlawful to display obscene bumper sticker.
(A) No person may operate a motor vehicle in this State which has affixed or attached to any part of the motor vehicle which is visible to members of the public not occupying the vehicle any sticker, decal, emblem, or other device containing obscene or indecent words, photographs, or depictions.
(B) Obscene words, photographs, or depictions must be defined and interpreted as provided in Section 16-15-305(B), (C), (D), and (E).
(C) A sticker, decal, emblem, or device is indecent when:
(1) taken as a whole, it describes, in a patently offensive way, as determined by contemporary community standards, sexual acts, excretory functions, or parts of the human body; and
(2) taken as a whole, it lacks serious literary, artistic, political, or scientific value.
(D) A person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding two hundred dollars.

A couple good points from the comments on the article:
What about naked lady mudflaps?
The Calvin whizzer stickers on back windows?
Do the farmers in S. Carolina put underwear on their bulls?