Woman Cited For Cursing At Her Toilet

[Kor37 9]

Judge weighs if Pennsylvania woman can be charged for cursing at her toilet

By MICHAEL RUBINKAM,AP

Posted: 2007-12-10 14:53:42

SCRANTON, Pennsylvania (AP) - A frustrated Pennsylvania woman cursed like a longshoreman on the night her toilet backed up. Whether that constitutes a crime is now in the hands of a judge.

 

Dawn Herb, 33, was cited for disorderly conduct after her neighbor, an off-duty police officer, called authorities to complain about her potty mouth. Herb pleaded innocent and went on trial Monday.

 

The mother of four does not deny letting loose a string of profanities when her toilet overflowed Oct. 11. But her lawyer, Barry Dyller, told the judge that cursing in one's own home is not a crime.

 

"The laws cannot require us to speak eloquently, in good taste or an inoffensive fashion. We are allowed to speak colorfully and that is absolutely constitutionally protected," Dyller said after the hearing.

 

Judge Terrence Gallagher said he will issue a decision in a few days. If convicted of the summary offense, Herb faces up to 90 days in jail.

 

Herb did not testify and her lawyer advised her not to speak to reporters.

 

Patrolman Patrick Gilman, Herb's neighbor in Scranton, about 120 miles (193 kilometers) west of New York, testified that he was off duty and at home when his 12-year-old daughter came running into the house and told him that she had heard loud curses coming from a house down the street.

 

Gilman, who lives a few houses away from Herb, said he went outside to investigate, heard the profanity and yelled out to Herb to "watch your mouth." He said Herb refused to quiet down and instead cursed at him. Gilman then called a patrolman, who issued the citation.

 

Gilman declined to comment Monday, as did the officer who cited Herb.

 

In Pennsylvania, someone can be convicted of disorderly conduct for using obscene language or gestures in a way that causes "public inconvenience, annoyance or alarm."

 

Dyller, who is handling the case on behalf of the American Civil Liberties Union, said state and federal courts have consistently interpreted "obscene" to mean material that appeals to the "prurient" interest and depicts sex in a patently offensive way. There was nothing sexual about the words coming out of Herb's mouth, he said.

 

"We're allowed to swear at each other. It doesn't mean we should, but we are allowed to, and the government and the law cannot stick its nose into these private matters," he said.

 

The issue has arisen before in Pennsylvania. In February, the ACLU filed a lawsuit against the city of Pittsburgh and a police officer on behalf of a man who was cited with disorderly conduct for making an obscene gesture at the officer. The charge was ultimately dismissed.

 

 

What a waste of the court's time!.......

[Theunicornhunter 2]

I do believe I have already posted this story..... several weeks ago.

[Kor37 9]

I do believe I have already posted this story..... several weeks ago.

Are you sure it was the same one? If so, my apologies!

[Theunicornhunter 2]

I hope it's the same - the thought this could happen twice is really scary.

[Warrior_Princess 0]

Lol!!

[Chataeya 0]

Wow! This could really cause a stink! My word do we now come down to this, to the point of watching what we say in our homes? before you know it we will have to look out the window to make sure no one is within ear shot of our homes. not that I condone cursing, but really is it getting to the point we can't talk freely in our own homes now?

[Trekmachine 0]

This is getting Really Stupid what is this world coming to what happed to freedom of speech!!!!

[TJ Phaserman 2]

that was amended when bush was made president

[Trekmachine 0]

that was amended when bush was made president

 

So True

[TJ Phaserman 2]

i mean if we can't have a coversation to ourselves or others in our own home, then i'll be dammed someone tells me i can't speak my mind about certain views.

[trekz 7]

I do believe I have already posted this story..... several weeks ago.

Are you sure it was the same one? If so, my apologies!

This seeems to be an update of the article that was posted before - that was pretrial when this incident first occured- if I'm remembering correctly.

 

Potty language concerning a clogged potty should be prtected speech imo

[Kor37 9]

UPDATE:

Pa. Judge: Cursing at Toilet Not Illegal

AP

Posted: 2007-12-14 11:49:02

SCRANTON, Pa. (AP) - 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."

 

Herb did not testify at the trial earlier this week, and her lawyer advised her not to speak to reporters. She could have faced up to 90 days in jail.

 

 

Justice Prevails!.....