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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

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To: RDTF

Next on Oprah...When floaters attack!


21 posted on 12/14/2007 11:51:42 AM PST by AngelesCrestHighway
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To: RDTF

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.


22 posted on 12/14/2007 11:51:57 AM PST by ozzymandus
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To: Brilliant

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?


23 posted on 12/14/2007 11:52:13 AM PST by discostu (a mountain is something you don't want to %^&* with)
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To: Brilliant
I think the main point is that no one has the legal right not to be offended.

That's something a lot of people could stand to hear.
24 posted on 12/14/2007 11:52:16 AM PST by The Pack Knight (Duty, Honor, Country.)
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To: RDTF
This was a case where the neighbor was an off duty LEO who thought he was the one who decided where the 1st Amendment started and stopped. Popular speech doesn’t need protection.
25 posted on 12/14/2007 11:53:20 AM PST by Natural Law
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To: Brilliant
Gilman was out of bounds to be harrassing Herb in her home attempting to tend to her overflowing toilet.

He should have thanked his local family gods for interceding with her to put down her M60 machinegun and bag of grenades.

26 posted on 12/14/2007 11:54:12 AM PST by muawiyah
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To: The Pack Knight

I doubt that was the point the ACLU was trying to make. They love to offend, but they insist that we not offend.


27 posted on 12/14/2007 11:54:34 AM PST by Brilliant
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To: RDTF
He praised the judge's ruling.

"The bastich is f'ing exactly right, ... in his reasoning," Dyller said. "And it's f'ing important that the public f'ing understands this - sheeit, any f'ing moron can understand what the f' is going on here."

Seriously, the fact that this woman was a rude and crude idiot does NOT give anyone else - much less the law - any authority to govern (i.e. regulate and punish) her words in her home (short of her inciting violence). She's clearly a lowlife, but you can't make a law against that (just like you can't legislate against sheer stupidity).

Oh, BTW, this guy Gilman clearly has a 2x4 stuck up his @$$.

28 posted on 12/14/2007 11:54:40 AM PST by Ancesthntr
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To: Brilliant

Since she didn’t vent profanity in public, the ACLU would be wrong. She vented in private ~ in the inner sanctum, the holy of holies, her very own toilet!


29 posted on 12/14/2007 11:55:29 AM PST by muawiyah
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To: twigs
"Profanity is obnoxious..."

What is profane by your standards may not be by somone elses.

30 posted on 12/14/2007 11:55:45 AM PST by Natural Law
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To: Brilliant
Because the profanity was shouted inside the “perpetrator’s” home.

If a neighbor can have someone prosecuted for what they say inside their home, where would it end? It either violates a noise ordinance, or it doesn’t. If it doesn’t, then you can scream whatever you want. The neighbor is also free to scream back all the profanities they want.

Personally, I’d move into a nicer neighborhood.

31 posted on 12/14/2007 11:56:37 AM PST by Ghost of Philip Marlowe (If Hillary is elected, her legacy will be telling the American people: Better put some ice on that.)
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To: Natural Law
This was a case where the neighbor was an off duty LEO who thought he was the one who decided where the 1st Amendment started and stopped. Popular speech doesn’t need protection.

Clearly it does, from the likes of Gilman and his fellow would-be tyrants. This is one case where I have to agree with the ACLU (yes, even a stopped clock is right twice a day).

32 posted on 12/14/2007 11:56:57 AM PST by Ancesthntr
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To: RDTF
Dawn Herb

THE RULING: CASE DISMISSED! The accused actions were fully justifiable since the toilet did not smell like a dawn herb!

33 posted on 12/14/2007 11:57:24 AM PST by Revolting cat! (We all need someone we can bleed on...)
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To: RDTF
This woman didn’t act very lady like.
34 posted on 12/14/2007 11:58:18 AM PST by flutters (God Bless The USA)
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To: RDTF

In the meantime, Joe Palukas share their weighty opinions of the 1st Abendment.


35 posted on 12/14/2007 11:58:50 AM PST by Revolting cat! (We all need someone we can bleed on...)
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To: Natural Law

That’s the reason why it should not be banned and is protected by the first amendment.


36 posted on 12/14/2007 12:01:27 PM PST by twigs
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To: flutters

She certainly had a potty mouth.


37 posted on 12/14/2007 12:02:25 PM PST by Tribune7 (Dems want to rob from the poor to give to the rich)
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To: RDTF

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.


38 posted on 12/14/2007 12:02:31 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: Mr. Brightside

I’m not happy this went to court, but think of it as the profanity version of disturbing the peace with a stereo. Listen to whatever you want, but don’t expect me to listen to it in my house next door, that sort of thing.


39 posted on 12/14/2007 12:04:34 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

Heh, yah, the judge is right. Today, I’m talking to a prospective client while he drove in his car. He says, “Greg, we use (your major competitor), so OH . . . F..K YOU!”

He got cut off by a car. We laughed for quite a while. But cursing does come out when you get cut off in traffic or a toilet overflows.


40 posted on 12/14/2007 12:06:09 PM PST by Greg F (Duncan Hunter is a good man.)
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