First Amendment
First Amendment Protects Woman Who Cursed at Overflowing Toilet
A Pennsylvania judge has cited the First Amendment in acquitting a woman who screamed profanities when her toilet overflowed.
Judge Terrence Gallagher wrote that Dawn Herb’s profanities may be considered “offensive, vulgar and imprudent,” but they are protected by the First Amendment, the Times-Tribune reports.
Herb, who lives in West Scranton, was arrested for disorderly conduct after an off-duty policeman who lives nearby heard the rant. Officer Patrick Gilman testified he yelled at Herb to watch her mouth, and then she directed her profanity at him, the Associated Press reports.
Herb was represented by civil rights lawyer Barry Dyller on behalf of the American Civil Liberties Union.
