- Woman sleeping in car accused of attacking Cape officer (7/26/16)13
- Seeking new history: Centurion Development buys former Woolworth building at 1 N. Main St. (7/28/16)5
- Prosecutor says shooting by state trooper was justified (7/24/16)15
- Cape resident gets seven years in prison for shooting at man (7/26/16)1
- Former Scott City mayor refutes claims made about loss of curbside recycling pickup (7/26/16)
- Burglary of trailer leaves its residents homeless (7/27/16)4
- Golden Corral coming to Cape; may hire 100 workers (7/21/16)10
- Police: Child's video revealed stepfather's abuse of sibling (7/28/16)3
- Foot plots provide habitats and nutrition to attract wildlife, grow populations (7/18/16)
- City may spend extra park tax money on Cape Splash, skate park, other projects (7/25/16)10
Anti-swearing law unconstitutional, appeals court decides
TRAVERSE CITY, Mich. -- A state appeals court Monday struck down Michigan's 105-year-old law against using vulgar language in front of women and children, throwing out the conviction of a canoeist who let loose a stream of curses after falling into the water.
The three-judge panel unanimously overturned the 1999 conviction of Timothy Joseph Boomer. A jury had found him guilty of violating the law by swearing repeatedly after tumbling into the Rifle River.
He was fined $75 and ordered to work four days in a child-care program, but the sentence was put on hold while the case was under appeal.
Enacted in 1897 and slightly reworded in 1931, the law says that anyone using "indecent, immoral, obscene, vulgar or insulting language in the presence or hearing of any woman or child shall be guilty of a misdemeanor."
The appeals court declared the law unconstitutional, saying it would be "difficult to conceive of a statute that would be more vague."
"Allowing a prosecution where one utters 'insulting' language could possibly subject a vast percentage of the populace to a misdemeanor conviction," the court said.