Judge: Woman Who Cursed Out Toilet Protected Under 1st Amendment

Fox news. com ^ | Dec 14, 2007 | AP

[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-

[Ken H]

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.

Suppose a legislature passes a law calling the biblcal teachings about homosexuality "hate speech". Would you have disdain for a judge who strikes it down?

[PLMerite]

Judging by what I hear ‘em say at the Mall, probably better than us old fogies...

[discostu]

There’s nothing very lady like about dealing with an overflowing toilet.

[flutters]

LOL Very true, but it sounds like she was pretty nasty.

[shbox]

I myself welcome this ruling. I will be working on my car in the driveway this afternoon.

Can I help? What are you fixing? brakes? half shafts? I got plenty of tools. You need an air compressor and some impact tools? I could bring them. I'll bring some beer. Are you working on the engine? I have diagnostic equipment. Need a OBDII scanner? DMOV? Can I read your codes? Can I help? Can I just drink beer and watch? Please?

[Mr. Silverback]

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.

Though I don't think this should have ended up in court, I think you're a little off. I think we could agree that if you can’t listen to music in your own house, this isn’t a free country. But what about the person who plays it at 300 decibels?

[weegee]

Not this c**p again.

[weegee]

“Don’t give me THAT $#!@”

[shbox]

ADULT RALFHIE:
~ “Now, I had heard that word at least ten times a day from my old man. He worked in profanity the way other artists might work in oils or clay. It was his true medium; a master.” ~

[weegee]

You should have seen the potty.

[weegee]

The bathroom is not a sacred water closet anymore. The gub’mint can tell you just what size terlet you may have.

[muawiyah]

Some Republicans are still complaining that the results of the last Congressional election were unfair, and that voters simply failed to consider all the good they had done ~ but I heard that female chairman of that committee in charge of the toilet size telling me that it was good for me to have to hang my private parts in cold water to take a dump.

She lost tens of millions of Democrat male voters with that, and tens of millions of Republican male voters.

How utterly stupid of her.

Hope she lost.

[jim_trent]

> “I wonder why? So that we can all exercise our right to vent profanity without fear of prosecution?”

Yes. Anything and everything a conservative says is profanity to a liberal.

[muawiyah]

Well, at 300 db he'd be playing it in my house wouldn't he.

Again, the point is made ~ it was her house, not his, and he went outside to see if he could hear it.

[AngelesCrestHighway]

“She certainly had a potty mouth”....Her potty mouth runneth over...

[RDTF]

the best one! lol

[Mr. Silverback]

Suppose a legislature passes a law calling the biblcal teachings about homosexuality "hate speech". Would you have disdain for a judge who strikes it down?

Absolutely not, and let me explain why: Vulgarity and obscenity don't fall within the First Amendment. Religious and political speech do. That said, I don't see why any municipality would bother legislating swear words. Anyone who actually intruded on another's rights while using them would be disturbing the peace, and probably acting in a manner that would disturb the speech even with clean language.

[RDTF]

think she pronounces the H?

[dfwgator]

A woman who was cited for loudly cursing at her overflowing toilet

Like who here hasn't done that at least once?

[Mr. Silverback]

This guy didn't have a psychic flash that there was swearing going on and run outside. His kid could hear it on the street outside Herb's house. If she were playing music that loud, she might be violating a perfectly legal noise ordinance.

Sorry, but this is not a case of a judge riding to the rescue to protect the American's home-as-castle. This is the case of idiot without self-control running afoul of an idiotic (but constitutional) law.