COMMENTARY
It took 105 years and a ridiculous accusation, but a state appeals court panel did the right thing Monday and ruled Michigans archaic law banning vulgar language in front of women and children unconstitutional.
The statute, enacted in 1897 and revised in 1931, states that anyone using indecent, immoral, obscene, vulgar or insulting language in the presence or hearing of any woman or children shall be guilty of a misdemeanor.
The law became the center of controversy after the 1999 conviction of Timothy Joseph Boomer for violating it.
After tumbling out of his canoe into Michigans Rifle River, near West Branch, Boomer was heard uttering a string of swear words by a woman and her children.
Boomer was ticketed by law enforcement officers upon the conclusion of his trip and found guilty of violating the 1897 statute by an Arenac County jury.
The swearer contested the decision on the grounds that it violated his First Amendment right to free speech, but that argument was rejected by two local judges.