This goes back even farther than Penny Arcade. Back in the 50s, Lenny Bruce was actually arrested in the middle of his act for public indecency, when one of his signature routines involved the Lone Ranger performing "an unnatural act" with Tonto. I'm going to agree that comedians should have the right to offend everyone equally in the name of entertainment. It's only funny when you're not a target, after all.
However, don't go pulling out the First Amendment card just yet. Obscenity is pointedly not protected under the free speech clause (Miller v. California, 1971), but for something to be obscene, it has to meet three criteria:
Clearly, the fault lies on both sides: The heckler for interrupting the act, and Tosh for going where he did in his rebuttal.
However, don't go pulling out the First Amendment card just yet. Obscenity is pointedly not protected under the free speech clause (Miller v. California, 1971), but for something to be obscene, it has to meet three criteria:
Oyez.org said:(a) whether 'the average person, applying contemporary community standards' would find that the work, taken as a whole, appeals to the prurient interest. . . (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Clearly, the fault lies on both sides: The heckler for interrupting the act, and Tosh for going where he did in his rebuttal.
















