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Judge: Woman Who Cursed Out Toilet Protected Under 1st Amendment
Fox news. com ^ | Dec 14, 2007 | AP

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 ...


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To: shbox

One of the best lines in a movie full of classic lines.


61 posted on 12/14/2007 12:49:00 PM PST by Mr. Silverback (Support Scouting: Raising boys to be strong men and politically incorrect at the same time.)
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To: weegee

“Prison’s not so bad; you can make sangria in the terlet. Of course, it’s shank or be shanked.”—Scruffy the Janitor, Futurama


62 posted on 12/14/2007 12:50:24 PM PST by Mr. Silverback (Support Scouting: Raising boys to be strong men and politically incorrect at the same time.)
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To: Tribune7

LOL!


63 posted on 12/14/2007 12:51:31 PM PST by Mr. Silverback (Support Scouting: Raising boys to be strong men and politically incorrect at the same time.)
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To: RDTF

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.


64 posted on 12/14/2007 12:56:26 PM PST by Nephi ( $100m ante is a symptom of the old media... the Ron Paul Revolution is the new media's choice.)
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To: Mr. Silverback
So you clean her toilet floor for her, OK. Then get back to us and tell us how sweet it was.

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.

65 posted on 12/14/2007 12:56:51 PM PST by muawiyah
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To: RDTF

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.)


66 posted on 12/14/2007 12:58:04 PM PST by Revolting cat! (We all need someone we can bleed on...)
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To: shbox

LOL!

So true.


67 posted on 12/14/2007 12:58:52 PM PST by najida (Will you dance at my birthday party?)
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To: Revolting cat!

If alogre had his way we would all be her.


68 posted on 12/14/2007 1:02:06 PM PST by AU72
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To: RDTF

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.


69 posted on 12/14/2007 1:03:53 PM PST by RobinOfKingston (Man, that's stupid...even by congressional standards.)
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To: muawiyah
So you clean her toilet floor for her, OK. Then get back to us and tell us how sweet it was.

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.

70 posted on 12/14/2007 1:05:27 PM PST by Mr. Silverback (Support Scouting: Raising boys to be strong men and politically incorrect at the same time.)
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To: Mr. Brightside

She could have said,”Oh, sh!t” and simply have been describing the situation.


71 posted on 12/14/2007 1:06:30 PM PST by knuthom
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To: Mr. Brightside; MotleyGirl70; Cagey

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!”


72 posted on 12/14/2007 1:08:00 PM PST by Larry Lucido (Hunter 2008)
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To: Mr. Silverback
Why, because I doubt she actually screamed anything at the top of her voice.

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.

73 posted on 12/14/2007 1:23:43 PM PST by muawiyah
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To: RDTF

That @&$^@ $&*#* judge needs to go stick his @&$^@ $&*#* in a @&$^@ $&*#*. What a @&$^@ $&*#*.


74 posted on 12/14/2007 1:31:13 PM PST by Jeff Chandler ("Liberals want to save the world for the children they aren't having." -Mark Steyn)
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To: RDTF

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.


75 posted on 12/14/2007 1:35:18 PM PST by vpintheak (Like a muddied spring or a polluted well is a righteous man who gives way to the wicked. Prov. 25:26)
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To: discostu
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?

Wouldn't this be considered privy propery?

76 posted on 12/14/2007 1:37:09 PM PST by NurdlyPeon (Thompson / Hunter in 2008)
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To: vpintheak

then go back inside your house!


77 posted on 12/14/2007 1:40:26 PM PST by RDTF (Remember Pearl Harbor)
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To: RDTF

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.


78 posted on 12/14/2007 1:44:26 PM PST by vpintheak (Like a muddied spring or a polluted well is a righteous man who gives way to the wicked. Prov. 25:26)
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To: vpintheak

LOLOLOLOLOLOLOLOLOLOLOL a you, pal.


79 posted on 12/14/2007 1:51:37 PM PST by RDTF (Remember Pearl Harbor)
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To: RDTF

Was the toilet’s name Mohammed?? Cuz I’d curse at it then too.

These headlines get weirder and weirded every day....


80 posted on 12/14/2007 1:52:41 PM PST by G8 Diplomat (Creatures are divided into 6 kingdoms: Animalia, Plantae, Fungi, Monera, Protista, & Saudi Arabia)
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