Cursing case now before a judge

The bizarre case of Dawn Herb, the West Scranton, Pennsylvania, woman charged with disorderly conduct after police officer Patrick Gilman, a neighbor, overheard her cursing at an overflowing toilet, continues to wind its way through the"justice" system. Herb apparently landed in court after Gilman became offended over her failure to follow his order to "shut the fuck up."

Herb is represented by ACLU attorney Barry Dyller.

Mr. Dyller presented no testimony at Monday’s hearing.

He did, however, outline several cases that were similar to Ms. Herb’s. In one, the defendant had cursed at a police officer and in another, the defendant said “(Expletive) the draft,” he explained.

Judge Gallagher said he’d take a few days to review the case law Mr. Dyller gave him and then make a ruling.

If convicted, Ms. Herb could receive up to 90 days in jail and a $300 fine.

Mr. Dyller said he didn’t think that would happen.

“It’s protected First Amendment speech,” he said. “You’re allowed to speak colorfully.”

Yes, you do have the right to "speak colorfully." But as with the exercise of all rights, beware of ticking off thin-skinned government employees.

See the First Amendment Center on profanity and First Amendment protections: "Profanity and the First Amendment"

Conclusion
On its face, profane language is generally not a punishable form of speech. The exceptions discussed above are narrow in scope. The context in which the speech is spoken plays a major role in determining whether such language is protected by First Amendment.