A penis that tells jokes on late night public access television may be expressive of something. But it is not the kind of free expression protected by the First Amendment, the Michigan Court of Appeals has decided, confirming the indecent exposure conviction of the show's producer and host.
Timothy Huffman, 47, who lives north of Grand Rapids, was convicted in Kent County after the penis episode aired twice in spring 2000 on the Grand Rapids public access cable channel GRTV.
Huffman, whose defense was assisted by the American Civil Liberties Union, claimed the three-minute segment, "Dick Smart," was an expression of free speech and not obscene.
"I'm truly trying to stand up for the constitution. It's a matter of principle," he said.
"We asked them in court, 'Why don't you prosecute 'Schindler's List'? It has nudity,' " Huffman said. "And they said to me, :laugh: 'You're no Steven Spielberg.'
http://www.freep.com/news/mich/naughty12e_20050512.htm
Timothy Huffman, 47, who lives north of Grand Rapids, was convicted in Kent County after the penis episode aired twice in spring 2000 on the Grand Rapids public access cable channel GRTV.
Huffman, whose defense was assisted by the American Civil Liberties Union, claimed the three-minute segment, "Dick Smart," was an expression of free speech and not obscene.
"I'm truly trying to stand up for the constitution. It's a matter of principle," he said.
"We asked them in court, 'Why don't you prosecute 'Schindler's List'? It has nudity,' " Huffman said. "And they said to me, :laugh: 'You're no Steven Spielberg.'
http://www.freep.com/news/mich/naughty12e_20050512.htm
