That's what the Deputy Procurator Fiscal and the defence were arguing about at Lanark Sheriff Court yesterday when Joseph Kelly's case was heard.
The Fiscal pointed out if Kelly had shouted the things he posted in the street, he would have been arrested for breach of the peace, so posting them online was no different.
Whereas Kelly's Lawyer said the post on Twitter was unpleasant and unsavoury but not 'Grossly Offensive'
It makes you wonder what he would regard as offensive.
Kelly made the post the day after Sir Tom died last year.
The Sheriff agreed with the Fiscal and found Kelly guilty and Kelly now faces six months in jail or a five thousand pound fine or both.
He gets sentenced in March and most people convicted under the same offence have usually been jailed for between six and ten weeks.
Another example... Grossly offensive or freedom of speech?
Jimmy Carr, in his stand-up routine now showing on Netflix.
"When people talk about the Holocaust, they talk about the tragedy and horror of six million Jewish lives being lost to the Nazi war machine. But they never mention the thousands of gypsies that were killed by the Nazis. No one ever talks about that because no one wants to talk about the positives."
Another example... Grossly offensive or freedom of speech?
Jimmy Carr, in his stand-up routine now showing on Netflix.
"When people talk about the Holocaust, they talk about the tragedy and horror of six million Jewish lives being lost to the Nazi war machine. But they never mention the thousands of gypsies that were killed by the Nazis. No one ever talks about that because no one wants to talk about the positives."
That's offensive, in my opinion.
He made sick remarks about children with Downs Syndrome years ago.
He's about as funny as toothache.
__________________
NEVER WRESTLE WITH A PIG..YOU BOTH GET DIRTY BUT THE PIG LIKES IT!!
Everyone's humour is very different. Don't like a comedian because you don't like their material?, it's very simple. Don't go see them or watch anything with them in. its clear many do like it because if they didn't these comedians would just vanish
Where do we draw a line in what they can and cannot joke about? If we censor what we don't like, rather than not watching, then soon everything will be censored.
Anyway, for me, many comedians get away with telling the truth that no one else can. not talking about the type of joke Digger posted its not for me either
Another example... Grossly offensive or freedom of speech?
Jimmy Carr, in his stand-up routine now showing on Netflix.
"When people talk about the Holocaust, they talk about the tragedy and horror of six million Jewish lives being lost to the Nazi war machine. But they never mention the thousands of gypsies that were killed by the Nazis. No one ever talks about that because no one wants to talk about the positives."
I don't find it funny. Gypsies, disabled, babies, jews, all murdered in those camps. Millions of people. How's that a joke?
Freedom of speech is designed to protect offensive speech. You don't need laws protecting people's right to say "puppies are cute". You need laws for freedom of speech when people are offended.
You need to protect the people from the government throwing them in jail over words.
I don't know who this fat fucker is, but I want the ability to call him a fat worthless fucker, no matter who it offends.
Freedom of speech is designed to protect offensive speech. You don't need laws protecting people's right to say "puppies are cute". You need laws for freedom of speech when people are offended.
You need to protect the people from the government throwing them in jail over words.
I don't know who this fat fucker is, but I want the ability to call him a fat worthless fucker, no matter who it offends.
I think so far the government has it right to suggest people boycott Carr....boycotting is better than banning.
Let people make their own minds up as to what they find acceptable or not.
Freedom of speech is designed to protect offensive speech. You don't need laws protecting people's right to say "puppies are cute". You need laws for freedom of speech when people are offended.
You need to protect the people from the government throwing them in jail over words.
I don't know who this fat fucker is, but I want the ability to call him a fat worthless fucker, no matter who it offends.
I think so far the government has it right to suggest people boycott Carr....boycotting is better than banning.
Let people make their own minds up as to what they find acceptable or not.
The government needs to stay out of determining mean words. Go fix a road or a bridge or some shit.
The law decides whether something is grossly offensive and deemed to be breaking the law, or whether something is just in bad taste, governments pass those laws, so it's not that easy to say, go fix a road or build a bridge.
Freedom of speech is designed to protect offensive speech. You don't need laws protecting people's right to say "puppies are cute". You need laws for freedom of speech when people are offended.
You need to protect the people from the government throwing them in jail over words.
I don't know who this fat fucker is, but I want the ability to call him a fat worthless fucker, no matter who it offends.
I think so far the government has it right to suggest people boycott Carr....boycotting is better than banning.
Let people make their own minds up as to what they find acceptable or not.
The government needs to stay out of determining mean words. Go fix a road or a bridge or some shit.
There's mean words and then there's downright sick in the head.
The law decides whether something is grossly offensive and deemed to be breaking the law, or whether something is just in bad taste, governments pass those laws, so it's not that easy to say, go fix a road or build a bridge.
Sure it is. Stop passing dumb laws about words and go do your job.
Freedom of speech is designed to protect offensive speech. You don't need laws protecting people's right to say "puppies are cute". You need laws for freedom of speech when people are offended.
You need to protect the people from the government throwing them in jail over words.
I don't know who this fat fucker is, but I want the ability to call him a fat worthless fucker, no matter who it offends.
I think so far the government has it right to suggest people boycott Carr....boycotting is better than banning.
Let people make their own minds up as to what they find acceptable or not.
The government needs to stay out of determining mean words. Go fix a road or a bridge or some shit.
There's mean words and then there's downright sick in the head.
It's all relative. There are words that can be used to incite violence, and those are the only ones that should be limited.
Dark humor should never be legislated in a free country.
That's what the Deputy Procurator Fiscal and the defence were arguing about at Lanark Sheriff Court yesterday when Joseph Kelly's case was heard.
The Fiscal pointed out if Kelly had shouted the things he posted in the street, he would have been arrested for breach of the peace, so posting them online was no different.
Whereas Kelly's Lawyer said the post on Twitter was unpleasant and unsavoury but not 'Grossly Offensive'
It makes you wonder what he would regard as offensive.
Kelly made the post the day after Sir Tom died last year.
The Sheriff agreed with the Fiscal and found Kelly guilty and Kelly now faces six months in jail or a five thousand pound fine or both.
He gets sentenced in March and most people convicted under the same offence have usually been jailed for between six and ten weeks.