Legal Opinion

Cunningham v. State

Supreme Court of Georgia

Decided February 22, 1991No. S90A1658PublishedCited by 24 opinions

1Opinion of the Court

Clarke, Chief Justice.

Appellant was charged with violation of OCGA § 40-1-4 in that he operated a motor vehicle knowing that it bore a bumper sticker containing the words “shit happens.” Appellant’s pretrial motion challenging the constitutionality of the statute was denied. He was convicted by a jury and fined $100. His motion for new trial was denied, and he appeals. We find the statute unconstitutional.

OCGA § 40-1-4 provides as follows:

No person owning, operating, or using a motor vehicle in this state shall knowingly affix or attach to any part of such motor vehicle any sticker, decal,…

2Cases cited14 opinions

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. Roth v. United StatesSupreme Court of the United States · 1957
  3. Miller v. CaliforniaSupreme Court of the United States · 1973
  4. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  5. Cohen v. CaliforniaSupreme Court of the United States · 1971

9 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Union City Board of Zoning Appeals v. Justice Outdoor Displays, Inc.Supreme Court of Georgia · 1996
  2. Howard v. StateSupreme Court of Georgia · 2000
  3. Tucker v. StateCourt of Appeals of Georgia · 1998
  4. Turner v. StateCourt of Appeals of Georgia · 2005
  5. Briggs v. StateSupreme Court of Georgia · 2006

19 more not listed; retrieve them via the Exa API.

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