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 ...
One of the best lines in a movie full of classic lines.
“Prison’s not so bad; you can make sangria in the terlet. Of course, it’s shank or be shanked.”—Scruffy the Janitor, Futurama
LOL!
While public resources might have been better spent in other ways, being brought to trial over swearing and using profanity isn’t what the first amendment is about. It is a limitation on the FEDERAL government’s ability to stifle those who might speak out against IT. You know, like the unconstitutional Campaign Finance Reform law, passed with the help of McCain and Thompson, that limits free speech during elections.
The public use of profanity certainly can and should be regulated by LOCAL government if that is what the local population votes for.
BTW, there might have been a law of some sort, but it didn't apply in this case. Cop just doesn't like the neighbor lady.
She should have read the handy toilet repair handbook to teach her how to deal with this problem. The instructions start with this:
1. Address the toilet.
She then should of said “Hello toilet”!
(with apologies to Ed Norton.)
LOL!
So true.
If alogre had his way we would all be her.
I simply can’t make a determination of right or wrong without knowing precisely what the lady said. I despise this kind of shoddy reporting.
Um...are you totally ignorant of the case we're discussing? I assume you're referring here to my comment that she lacked self-control. Well, if she had been saying it instead of screwming it (self-control opportunity #1) and not screamed obscenities at the cop (self-control opportunity #2) she never would have had a problem.
She could have said,”Oh, sh!t” and simply have been describing the situation.
It was a chain reaction. Someone was outside drilling a pothole to get his Phil Rizutto key chain back, struck the water main, and then “Holy Cow!”
What we have here is a neighbor who is a cop filing a criminal nuisance complaint against her.
A neighbor of mine once called the Board of Health out to look at my garden. They reported back that it looked like a garden, even had large squash in it.
I laid to on that bytch with a zoning complaint that cost her several thousand bucks to get out of, and she almost had to remove half her roof!
She struck first, but my response was in kind. Here the cop went over the top straight to the courts immediately ~ his response was not in kind.
In fact, as a trained LEO he should have asked if she'd had an accident of some kind and needed help. Instead he told her to shut up.
I strongly suspect earlier bad blood.
That @&$^@ $&*#* judge needs to go stick his @&$^@ $&*#* in a @&$^@ $&*#*. What a @&$^@ $&*#*.
The ACLU needs to understand I will ring the neck of anyone who continues to swear around my children after I ask them not to. Don’t test me.
Wouldn't this be considered privy propery?
then go back inside your house!
So your argument is decent moral people have to hole up never go anywhere or do anything because some people refuse to stop swearing in front of women and children? Is that right? Sorry I am not going to let that happen. It is completely disgusting behavior. You go back to YOUR house and curse in front of your own family all you want pal.
LOLOLOLOLOLOLOLOLOLOLOL a you, pal.
Was the toilet’s name Mohammed?? Cuz I’d curse at it then too.
These headlines get weirder and weirded every day....
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