Thread: Lone Protester- This Is Why My Case Will Be Dismissed

Judge: Woman Who Cursed Out Toilet Protected Under 1st Amendment
Friday , December 14, 2007



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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."

Herb did not testify at the trial earlier this week, and her lawyer advised her not to speak to reporters. She could have faced up to 90 days in jail.

Perfect Parallel, LoneProtestor and precedent setting. Notice she uttered a "string of profanities' where yours was more reserved and constrained. Blow your arrest and prosecution up in their face, at the same time keeping "hiring illegals" front and center in the scenario.

Congrats LoneProtester They sure are working hard to punish anyone who speaks badly of illegal aliens. Why not convict those hiring them for aiding and abetting?

This is really good news LoneProtestor!!! I'm crossing my fingers for you!

Its a Good thing the Police dont answer all the calls they get for someone using obscene language in a way that causes "public inconvenience, annoyance or alarm." around here if they did, over half the state would be in court over it... I Guessing the prosecutor in your case has a witness stating you offended someone or caused a problem for another person.

Or are the laws different? The cops just can say your disorderly and then is up to you to prove you were not.

I made sure the cop heard me call the homeowner a cheap bastard.

Originally Posted by loneprotester

I made sure the cop heard me call the homeowner a cheap bastard.

Darn disorderly
What’s a mater with you

So when is court?

I do not know. They won't send me a subpoena because of all the negative publicity they are getting. My lawyer will call me when he finds out.

Congratulations LoneProtestor. Is there any chance you could sue them for malicious prosecution?

Any action on my part has to wait until my trial is over with. So far all of the legal action has been from the city and the homeowner. But my time is going to come, sooner or later, I promise you.