I agree with you wholeheartedly that profanity is, for the most part a sign of low behavior, a coarse upbringing and immature vocabulary and speaks volumes about the person who feels the necessity to use it regularly. With that said, every single law that any government enacts places a restriction on human liberty. Clearly, I think we'd all agree homocide statutes are just and place consequences on actions that should elicit the most severe of consequences. There are however, some undesireable behaviors that are more appropriately handled outside the criminal justice system. An employee who is habitually late for work, for example, certainly exhibits undesireable behavior which I think most persons would agree merits consequences, but is by no means criminal. Likewise a person with poor personal hygiene practices will face consequences from his acquaintances but, unless his poor hygiene actually becomes a demonstrable health hazard to others, should not go to jail or be fined. These are the things that society should place its own strictures, but in a free society, should fall outside the law. Those that are profane, smell bad or insist on being habitually late for work should be allowed to freely associate with those that tolerate their shortcomings, and they should be shunned by those who don't.
In a "perfect" world, a Walmart (or any business) customer who found the lady's language objectionable should have brought it to the attention of the store manager, and declared their intention to exercise their freedom, and not shop at a store where customers cuss. The store employee/manager/owner would have the option of exercising their freedom and supporting either the cussing or the objecting customer, etc. That's how freedom works. It's not always comfortable, safe or convenient, but requires responsibility and entails consequences. The alternative to freedom occurs when people abandon their responsibilities to the (local, state, federal) government and expect to maintain their liberties. The two notions (that one can keep a right while giving the responsibilities to another party) are completely incompatible, and will only increase in the continued restrictions and conditions placed on any liberty.
It's also coarse behaviour to walk around without pants. Should we just look the other way? It's lewd behaviour as was this womans language.
I have a real problem with the coarsening of society and society devolves not evolves. When you remove restraints, society will degrade. We have had God and morality removed from most of society.
John Adams,:
We have no government armed in power capable of contending with human passions unbridled by morality and religion. Our Constitution was made only for a religious and moral people. It is wholly inadequate for the government of any other.
When a people lose their moral compass, all you have left are laws.