03-07-2008, 03:53 PM | #1 |
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Join Date: Aug 2005
Location: The Bluth Home
Posts: 3,877
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You attrorney haters will love this.
I ran across this case note to the Virginia obscenity statute from the Virginia Court of Appeals today:
LANGUAGE HELD NOT OBSCENE. --Where defendant left a voice mail message calling an attorney a "pussy," as he meant to thereby characterize the attorney as a cowardly or effeminate man, the word had no sexual connotations attached to it, and his references to excretory functions merely served to emphasize his belief in the attorney's cowardice, the message did not have as its dominant theme an appeal to the prurient interest in sex, nor did it go substantially beyond the customary limits of candor in the description or representation of such matters. Therefore, as a matter of law, defendant's language was not obscene. Allman v. Commonwealth, 43 Va. App. 104, 596 S.E.2d 531, 2004 Va. App. LEXIS 236 (2004).
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