An Inflatable Mario and a Free-Speech Lawsuit – Atlas Obscura

When James Madison wrote in the First Amendment that Congress shall make nolaw abridging the freedom of speech, surely he knewthat one day the owner of a video-game store would cite his wordsin a lawsuit challenging the governments right to ban agiant inflatable Super Mario.

Scott Fisher says the town of Orange Park, Florida, threatened to fine him $100 perday last summer if he kept the promotional Mario outside of Gone Broke Gaming,according toWJXT.

Fisher complied, butsaid that not having Mario out front has hurt businessandviolated his free-speech rights. So, on Thursday, with the help of a conservative legal organization named Institute for Justice, Fisher sued Orange Park, arguing that the towns ban on inflatables such asMario is unconstitutional because it allows some inflatablesthose erected for the holidays, for examplebut not those that are intended to promote abusiness.

The best idea wins, Fisher told WJXT.There could be three or four video game stores in the local area, but if I happen to have the idea to put a Mario in front of mine and it draws more business, thats exactly what the First Amendment is there to protect.

Madison would probably have to agree. Censored political speech isnothing compared with the right to display a 9-foot Nintendo icon thats full of hot air.

Read the original:
An Inflatable Mario and a Free-Speech Lawsuit - Atlas Obscura