3 ms·
I really don't see how first amendment rights apply to his situation. You can't spray paint over a billboard and then claim you're protected under the first ame
by shock-value 13y ago
I really don't see how first amendment rights apply to his situation. You can't spray paint over a billboard and then claim you're protected under the first amendment, for example.
That being said, I don't even know that I'd consider writing with washable chalk to be vandalism. Maybe "littering" or something, considering how easy it is to wash off. Certainly nothing that should warrant any jail time (unless you're talking about a habitual repeat offender or something).
- ianterrell 13y ago> You can't spray paint over a billboard and then claim you're protected under the first amendment, for example. Why not? The court doesn't have to agree that your claim is valid. To prohibit you from even making that claim seems preposterous.
- tptacek 13y agoThe claim isn't relevant to the statute. At a jury trial, you're not allowed to make irrelevant arguments.
- xanderstrike 13y agoThe article says he spent six months doing it a few times a week. I think that qualifies as a habitual repeat offender.
- shock-value 13y agoOh okay, I must have glossed over that line. 13 years is still way too much (obviously), but that guy should not be surprised that he's going to be prosecuted and receive some kind of punishment.
- zhemao 13y agoHe's only a repeat offender if what he's doing is actually an offense. I don't think you could consider chalking a public sidewalk to be a criminal offense, unless you're willing to say that a kid who draws a hopscotch pad on his/her neighborhood sidewalk is a juvenile offender.
- deleted 13y ago[deleted]