Americans now free to shout abuse at toilets!

[faceless]

Americans - you may now swear at your toilets
Friday, December 14, 2007

In what seems like to be hailed as a great victory for justice, freedom and swearing, a woman who faced jail for loudly cursing at her overflowing toilet has been acquitted. District Judge Terrence Gallagher dismissed the charge against Dawn Herb, 33, ruling that she was within her constitutional rights guaranteeing free speech when she let loose a string of profanities on October 11, in Scranton, Pennsylvania.

Although the language she used 'may be considered by some to be offensive, vulgar and imprudent ... such representations are protected speech pursuant to the (U.S. Constitution's) First Amendment,' the judge wrote in his decision on Thursday.

Herb was cited after her neighbor, city Patrolman Patrick Gilman, called authorities to complain. At a hearing Monday, Gilman 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, The Scranton Times reported. 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 swore at him. Gilman then called a patrolman, who issued the citation.

Barry Dyller, who represented Herb on behalf of the American Civil Liberties Union, said case law going back 20 years has established that 'colorful language' is not illegal. He said the judge's ruling was correct. 'He's exactly right ... in his reasoning,' Dyller said. 'And it's important that the public understands this. There are cases like this each year.'

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The kid's parent and the cop are clearly fecking eejits - they should be charged with being anti-american! The house was down the street too, so this muppet had to leave his own place to go and shout at her - the sad tool needs to get a life.

[Marcella-FL]

I am sure there were more run-ins between these two families. What an a-hole. And the kid is probably a pain in the ass as well. ... So you think this dad never swears at the tv when the Steelers fumble? yeah ... right.

[eefanincan]

[i]This[i] is why the justice system is overclogged and bogged down. The yelled at a friggin' toilet--- get over it. I'm sure they've heard worse language in a schoolyard or parking lot. I think you were right Marcella when you thought that there's more history between these people than they're letting on.

I've had patients tell me to fuck off right to my face --- what am I gonna do? Take them to court? Get over it people and get a life.

[maycm]

The Steelers fumbled?!! When did this happen?

[faceless]

After thinking about Marcella's point regarding an existing situation I've been carefully considering this case and it strikes me that this could well be about the woman shouting 'You fucking piece of shit!' at the passing kid - then saying she had a blocked toilet.

Of course, Perry Mason would have seen through this a lot quicker, even if he had to roll up 4 hills to get there!

[Mandy]

Civil Liberties again .. if it wasn't for the ACLU she would probably be in Jail now. It got too hot to just send her down.

Judge don't like to go against other cops .. they are all in league together .. the fascists against the people.

The 12 year old should have just shut her window. To try and silence someone in their OWN HOME is ridiculous. It isn't as if someone lives on a mansion with acres of grounds - people are bound to be heard by neighbours. Will they send down husband & wives now who argue "colourfully".

[Marcella-FL]