There is an interesting free-speech case filed in South Carolina brought by a tattoo parlor challenging a state law that not only bars tattoo facilities from 1000 feet of churches, schools, or playgrounds, but also bans tattoos on the face, neck, or head. The case presents a common challenge for free speech advocates like myself. I have a visceral dislike for tattoos (particularly on the face), but I believe that they are a form of free expression. I, therefore, view the South Carolina law, S.C. Code Ann. § 44-34- 100, as unconstitutional under the First Amendment. (The litigants include claims under 42 U.S.C. § 1983 and the 14th Amendment).
The lawsuit was brought by Pacific Legal Foundation on behalf of a New York tattoo shop, Tiny Zaps, that is interested in opening a location in South Carolina. Tiny Zaps argues that “Tattoos are a form of artistic expression protected by the First Amendment. They communicate ideas, commemorate milestones, express beliefs, and allow people to present themselves to the world through permanent artwork created in collaboration with tattoo artists.”
It notes that the limits on store location make it difficult to open a store given the many churches, schools, and playgrounds in the state. However, it is the limits on the placement of the tattoo itself that is most interesting from my perspective. It argues that “Tattoo artists do not merely apply ink to skin. They collaborate with customers to create artistic works that often carry deeply personal expressive significance. The resulting artwork derives meaning not only from its design, but also from its placement on the body.”
It also argues that South Carolina has long been distinctly anti-tattoo expression: “South Carolina has long treated tattooing as disfavored expression. Until 2004, South Carolina was one of only two states that outlawed tattooing.”
In 2002, I wrote about a South Carolina challenge in the Los Angeles Times about the unconstitutionality of a state law barring tattooing. However, the South Carolina Supreme Court ruled that “the danger associated with the activity of tattooing, whether artwork or not, is a legitimate reason to regulate it.” In my criticism of the Court, I disagreed with the premise that “a tattoo might be a form of protected expression, the ‘process’ of tattooing was not protected.” I noted that “this is akin to treating the Declaration of Independence as protected speech but not Benjamin Franklin’s printing of the document.”
As has noted, that case was declined by the Supreme Court in a disappointment for many of us, but later courts have reached contrary decisions from the South Carolina Supreme Court’s opinion in White v. State.
This will now give us a second bite at the apple to get this right. Despite my aversion to tattoos, they are clearly expressive. Indeed, some would say that they are downright educational:
“Lydia, oh Lydia, that encyclopydia
Oh Lydia the Queen of Tattoo
On her back is the Battle of Waterloo
Beside it the wreck of the Hesperus, too
And proudly above waves the red, white, and blue
You can learn a lot from Lydia”
In support of the free speech case, I call on the ultimate counsel for the challengers to explain the cultural and educational value of tattoos. I give you Groucho Marx:
An insider’s view of just how utterly deranged the political left is in America:
https://archive.ph/624n5
You want to speak of derangement? Trump subtracted the deaths of four service members from the death toll resulting from his war of choice because he claimed they died at the time he declared a ceasefire. Therefore, their deaths don’t count. Their sacrifices will never be forgotten. It is a slap in the face to their families.
You want to speak of derangement? Trump cannot resist those cameras. He’s been droning on and on for over a hour about nothing at the White House Correspondents Dinner — even putting on a “Trump 2028” hat. He’s not funny, interesting l, entertaining or anything other than an over the hill performer whose act has gotten stale.
It’s pathetic. He can’t understand or doesn’t care that the dinner is intended to honor media and the First Amendment that he keeps trashing because they tell the truth about him. He keeps attempting to intimidate journalists via litigation and subpoenas directed to disgorge the sources of journalists who report things he doesn’t like—like him showing off that Qatari jet that wasn’t fully equipped with security.
He smirked when the reporters who broke the story about the Epstein birthday book with his lewd drawing got an award. This dinner isn’t about him— but there’s cameras there and he is addicted to attention. He tried to make it about him but fell flat. Of course, none of his staff will tell him the truth about how badly he flopped. It’s really sad.
“You want to speak of derangement? ”
Yes, check a mirror
“Trump subtracted the deaths of four service members from the death toll”
So what ?
“resulting from his war of choice”
All wars are wars of choice – you always have the choice to surrender or curl up and die.
Can we please stop playing the stupid word games ?
The reasons Trump is going after Iran are incredibly clear – most everyone agrees on what they are.
There is nothing hidden here.
I have been US policy for 50 years that Iran will never get a nuclear weapon.
That has been the policy of EVERY US president.
Iran has admitted they were weeks away from enough U235 for 11 Hiroshima weapons.
While there are other steps necescary to actually build the weapon – they can be done relatively quickly
The US took two years start to finish to go from Zero to to different kinds of nuclear bombs.
U235 bombs are Trivial to make – and incredibly reliable. The reason they are uncommon is that enriching large amounts of uranium takes much more time than producing Plutonium. But Iran already ha sufficient U235
You are free to argue that we should have allowed Iran to get a half dozen nukes.
But that is the choice War or Iranian nukes.
Obama slapped the families of fallen soldiers in the face, Biden did too.
Trump has not ever
The “counts” do not matter – except in the sense that the human cost to the US of this conflict has been incredibly low.
Stopping a nation of 90M people from getting nuclear weapons is not going to be free – it is going to come with a cost in blood and treasure.
So far those costs have been low.
We would all love them to be lower.
But they are still less than Biden’s botched withdraw from Afghanistan.
Regardless, no one is forgetting them – or any of those doing ghr fighting.
” Trump cannot resist those cameras. ”
Name a politician who can ?
“He’s been droning on and on for over a hour about nothing at the White House Correspondents Dinner — even putting on a “Trump 2028” hat. He’s not funny, interesting l, entertaining or anything other than an over the hill performer whose act has gotten stale.”
Your entitled to your oppion. The Trump 2028 hat had its desired effect – if got you frothing at the mouth.
“He can’t understand or doesn’t care that the dinner is intended to honor media”
Not really. There was nothing unusual – the press jokes about the president, the president jokes about the media – that has been the WHCA dinner through my life.
“the First Amendment that he keeps trashing”
How so ? Has Trump censored people ? No that was Biden and Obama at large scale.
“because they tell the truth about him.”
ROFL
If Trump said nothing about the media – the rest of us would still KNOW all the lies.
More and more evidence keeps coming out about us election fraud.
While it is highly unlikely that anyone will hever be able to prove Trump won (or Biden won)
It has been proven beyond any doubt at all that the left, the press and YOU have lied.
NJ is openly admitting to 6,600 illegal aliens registered to vote and 400, who actually voted.
That is one state – and DOJ says the number is closer to 38,000
Regardless if there are 6600 illegal aliens, how many dead people are there ? How many people who do not exist ?
How many people who are no longer in NJ ? And on and on.
You have lied over and over about illegal aliens – why should anyone beleive you about anything else ?
You have lied about Biden – lie upon lie upon lie.
You have lied about covid – lie upon lie upon lie
You have lied about J6 – lie ….
You have lied about the collusion delusion
Is there anything you have not lied about ?
And not ust you personally – but the Media has pushed all this garbage and supressed the truth
No sane people do not trust the MSM today.
” He keeps attempting to intimidate journalists via litigation and subpoenas directed to disgorge the sources of journalists who report things he doesn’t like—like him showing off that Qatari jet that wasn’t fully equipped with security.”
ROFL – when classified information is leaked to the press, you can bet DOJ is going after reporters,
Bush did it, Obama did it, Trump 45 did it, Biden did it. This is nothing new.
There is no constitutional right protecting a journalists sources – if you want one, amend the constitution.
Quit pi$$ing over Trump for what was inevitable.
No one is interested in more left wing nut nonsense about epstain.
The victims are free to go after their abusers. In most cases states are free to go after them too.
None of your stupid arguments regarding Trump have held up.
Trump chased Estain out of MAL, reported him to the police, had him investigated, arrested and attempted to prosecute him.
If you beleive that Epstain was murdered – Hillary is in ALL the top 10 most likely people to have arrangd it.
All trump had to do to prevent damaging information from coming out was to leave epstain alone.
Regardless Obama did nothing, Biden who threw all kinds of illegal schiff at Trump did nothing.
Your tinfoil hat is slipping.
“This dinner isn’t about him” – it has alays been about the president – nothing new
“but there’s cameras there and he is addicted to attention.”
Like every politician in the world
” He tried to make it about him but fell flat.”
You are free to beleive that
“Of course, none of his staff will tell him the truth about how badly he flopped. It’s really sad.”
Even if true – WHO CARES ?
Your massively desparate.
Shabbat shalom everyone 😊👍☀️🏆🎈💥🎁🎊🍾🥂🥰🥳🍷🍷🍷🍞🍞🍞