Flush That

With the flush of a toilet, the citation against Dawn Herb for cursing at her toilet is dismissed. She was found not guilty of disorderly conduct by a district magistrate, who found that "even loud cursing is protected speech." Woman not guilty in cursing incident. A follow-up article in the Scranton Times reports, Woman who cursed at her toilet found not guilty:

Magisterial District Judge Terrence V. Gallagher said the 31-year-old West Scranton woman did nothing wrong when she cursed at her overflowing toilet Oct. 11, then cursed at a neighbor — an off-duty Scranton cop — who told her to watch her language.

In a decision filed late Thursday, Judge Gallagher dismissed the disorderly conduct charge filed against Ms. Herb, 924 Luzerne St. A conviction carries up to 90 days in jail and a $300 fine.

Although the language she used “may be considered by some to be offensive, vulgar and imprudent ... such representations are protected speech pursuant to the First Amendment,” the judge wrote Thursday.

At a Monday hearing on the matter, Officer Patrick Gilman said he heard someone yell, “Are you (expletive) retarded? Get me the (expletive) mop.”

Patrolman Gilman said he then yelled, “Watch your mouth,” to which the person replied “(Expletive) off.” He then called Patrolman Gerald Tallo, who was on duty at the time. Ms. Herb allegedly admitted cursing at her toilet when Officer Tallo interviewed her about the incident.

In statements to the press, Ms. Herb said her neighbor told her to “Shut the (expletive) up,” and her response was “Mind your own business.”

As noted, Dawn Herb is the woman from Scranton who was issued a citation when she was overheard cursing at her overflowing toilet by a neighbor, who was an off duty policemen. See The Toilet Tirade and The Terrible Toilet. Rather than come to her rescue with a plunger, he came with back-up police to charge her.

For us potty mouths of the world, we can breath a sigh of relief, as we mutter, "That's a lot of crap."

Long live profanity!

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There's a postscript to the case. Many may have thought this case was nothing but a silly matter of profanity and the potty. Not so!

This case is cited under the Educational Section of the National Constitutional Center's website, Profanities Lead to First Amendment Case, which notes that "A Pennsylvania woman facing charges for allegedly swearing loudly inside her home has prompted a case on a citizen's First Amendment right of free speech."

At least the 1st Amendment is alive & well in Scranton. The jury is still out in many other locales.

(Updated 12/14)