Must've Been a Pretty Flaccid Performance

A man does a stand-up routine on public access cable revolving around his penis. He is successfully prosecuted. Good things happen sometimes. Score one for the sane First Amendment folk. Link.

A penis that tells jokes on late night public access television may be expressive of something. But it is not the kind of free expression protected by the First Amendment, the Michigan Court of Appeals has decided, confirming the indecent exposure conviction of the show's producer and host.

Timothy Huffman, 47, who lives north of Grand Rapids, was convicted in Kent County after the penis episode aired twice in spring 2000 on the Grand Rapids public access cable channel GRTV.

In affirming the conviction in an opinion released Wednesday, the appeals court said any "incidental restriction" on the First Amendment is "no greater than is essential to the furtherance of the governmental interest in promoting public morality by prohibiting public nudity."

Huffman said he would seek an appeal to the Michigan Supreme Court.

And here's a shocker. He may not be a real stand-up guy after all, despite all his First Amendment altruism:

In the meantime, he said he also will be going to jail on another conviction, also for indecent exposure, that stemmed from a dispute with a neighbor. Huffman said he believed the latest charge was unjust. But, unlike the talking penis, it's not a free-speech case.

The Michigan Supreme Court is currently quite conservative, if anyone's wondering. He won't have success there.