Lawyer who asked to tickled kids acquitted

EDWARDSVILLE -- A Madison County judge has ruled it was not illegal for a man to ask to tickle kids.

Charles Douglas in September was charged with misdemeanor disorderly conduct after he approached parents at a Glen Carbon park and asked if he could tickle their kids.

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

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

Douglas' lawyer, Ted Barylske, argued 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."