Judge Rules It's Not Illegal To Ask To Tickle Kids

An Illinois judge in Madison County has ruled it is not illegal for a person to ask to tickle kids.

The case relates to a man, Charles Douglas, who in September was charged with misdemeanor disorderly conduct after he approached parents at a park and asked if he could tickle their kids.

At the time he was charged, the 58-year-old Douglas said he had done a "tickle monster" routine with other children too, and that it's simply a "joking thing."

But the children's parents didn't think it was funny.

Associate Judge Kyle Napp ruled that by Douglas asking to tickle children, his remarks were protected as free speech by the First Amendment.

Douglas' lawyer, Ted Barylske, successfully argued that Douglas could only be prosecuted for disorderly conduct if his remarks fit the description of what the U.S. Supreme Court has termed "fighting words."

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