SpeakSpeak News

5/12/2005

Talking Penis Not Protected by First Amendment

Filed under  by Amanda Toering — 05/12/2005 @ 8:25 pm

It’s a sad day for gabby genitalia.

The Michigan Court of Appeals has ruled against the producer — and, to a certain extent, star — of a cable access show. Timothy Huffman’s conviction for indecent exposure was upheld by the court. The conviction was spurred by a display of penile ventriloquism on Huffman’s cable show, “Tim’s Area of Control.”

Tim, his puppet, and his ACLU rep appealed. (Previous story here.) The Michigan Court, however, determined that Tim’s charade required “incidental restriction” on the First Amendment “no greater than is essential to the furtherance of the governmental interest in promoting public morality by prohibiting public nudity.”

“We asked them in court, ‘Why don’t you prosecute Schindler’s List? It has nudity,’” Huffman said. “And they said to me - “You’re no Steven Spielberg.”

“I’m the low-life scapegoat that they can say, ‘Look. This is what happens when you put this stuff on Grand Rapids TV.’”

Huffman was sentenced to one day in jail, a year probation and ordered to pay $1,035 in fines and court costs.

The Detroit Free Press has the skinny.

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