Posted on 12/14/2007 11:32:59 AM PST by RDTF
SCRANTON, Pa. — A woman who was cited for loudly cursing at her overflowing toilet — and then at a neighbor who told her to quiet down — has been acquitted on First Amendment grounds.
District Judge Terrence Gallagher dismissed the disorderly conduct charge against Dawn Herb, 33, ruling Thursday that she was within her rights when she let loose a string of profanities Oct. 11.
Although the language she used "may be considered by some to be offensive, vulgar and imprudent ... (it is) protected speech pursuant to the First Amendment," the judge wrote.
Herb was cited after Patrick Gilman, a police officer who lives near Herb, called authorities to complain.
At a hearing Monday, Gilman testified that he was at home, off duty, when his 12-year-old daughter ran in and said she had heard loud curses coming from a house down the street.
Gilman said he went outside, heard the bad language and yelled out to Herb to "watch your mouth." He said that she cursed at him instead. That's when Gilman called authorities.
In Pennsylvania, someone can be convicted of disorderly conduct for using obscene language in a way that causes "public inconvenience, annoyance or alarm."
But Barry Dyller, who represented Herb on behalf of the American Civil Liberties Union, said rulings over the past 20 years have established that "colorful language" isn't illegal. He praised the judge's ruling.
"He's exactly right ... in his reasoning," Dyller said. "And it's important that the public understands this."
-snip-
(Excerpt) Read more at foxnews.com ...
Next on Oprah...When floaters attack!
She should sue the cop/neighbor for not minding his own business. If you can’t swear in your own house, this isn’t a free country.
If you can’t drop F-bombs in your own home, especially when the toilet is overflowing, what good is the concept of private property?
He should have thanked his local family gods for interceding with her to put down her M60 machinegun and bag of grenades.
I doubt that was the point the ACLU was trying to make. They love to offend, but they insist that we not offend.
"The bastich is f'ing exactly right, ... in his reasoning," Dyller said. "And it's f'ing important that the public f'ing understands this - sheeit, any f'ing moron can understand what the f' is going on here."
Seriously, the fact that this woman was a rude and crude idiot does NOT give anyone else - much less the law - any authority to govern (i.e. regulate and punish) her words in her home (short of her inciting violence). She's clearly a lowlife, but you can't make a law against that (just like you can't legislate against sheer stupidity).
Oh, BTW, this guy Gilman clearly has a 2x4 stuck up his @$$.
Since she didn’t vent profanity in public, the ACLU would be wrong. She vented in private ~ in the inner sanctum, the holy of holies, her very own toilet!
What is profane by your standards may not be by somone elses.
If a neighbor can have someone prosecuted for what they say inside their home, where would it end? It either violates a noise ordinance, or it doesn’t. If it doesn’t, then you can scream whatever you want. The neighbor is also free to scream back all the profanities they want.
Personally, I’d move into a nicer neighborhood.
Clearly it does, from the likes of Gilman and his fellow would-be tyrants. This is one case where I have to agree with the ACLU (yes, even a stopped clock is right twice a day).
THE RULING: CASE DISMISSED! The accused actions were fully justifiable since the toilet did not smell like a dawn herb!
In the meantime, Joe Palukas share their weighty opinions of the 1st Abendment.
That’s the reason why it should not be banned and is protected by the first amendment.
She certainly had a potty mouth.
I have equal disdain for a city that would bother legislating this and a judge who would call it protected speech once uit has been legislated.
I’m not happy this went to court, but think of it as the profanity version of disturbing the peace with a stereo. Listen to whatever you want, but don’t expect me to listen to it in my house next door, that sort of thing.
Heh, yah, the judge is right. Today, I’m talking to a prospective client while he drove in his car. He says, “Greg, we use (your major competitor), so OH . . . F..K YOU!”
He got cut off by a car. We laughed for quite a while. But cursing does come out when you get cut off in traffic or a toilet overflows.
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