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Page: Profile: Wren's Nest News Local
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Article: 19043
[Legal]
Date Posted:
12/14/2007
2:14:05 pm EST
Wvox Stats
Views: 4,972
RSS: 15,688
Comments: 13
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Pa. Judge: Cursing At Toilet Not Illegal
Author: AP Source: Google
Title: PA. JUDGE: CURSING AT TOILET NOT ILLEGAL
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.
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Community Thoughts: There are 13 comments posted | Reverse Sort |
| Pot, Kettle, Black; Criminal Cops Too! | Dec 17th. at 2:07:22 pm EST
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Terry (Irvington, Virginia) - Email Me
It's interesting to follow the direct and secondary related links from this article, to find one has to reach the British press before an uncensored, albeit editorial color laden, version of this "news" report exists without bigotry based use of misplaced punctuation in lieu of accurate quotations. From the UK paper linked below, changing one letter since even WitchVOX panders to bigotry driven US discriminatory censorship and oppression:
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According to the Scranton Times-Tribune, Herb explains: "The toilet was overflowing and leaking down into the kitchen and I was yelling [for my daughter] to get the mop... A guy is yelling, 'Shut the fvck up', and I yelled back, 'Mind your own business'."
(Unimpeachable moral consistency on Gilman's part, then, unless Herb is such a compulsive pottygob that she can't help but project her filth onto others when relating events.)
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That "guy" was the cop who conspired with other cops to perpetrate a false arrest and engage in what is rightfully a felony conspiracy to deprive the toilet backup victim of her civil rights under color of law, via a hate crime based on bias or bigotry of kidnapping her at gunpoint, as all false arrests perpetrated by roaming gangs of MWBAGs (men with badges and guns, we foolishly fund to act as criminal mercenary thugs) in effect are.
Police have a legal obligation to know from Cohen v CA and Hess v IN that disorderly conduct or disturbing the peace arrests are not legitimate dirty tricks to engage in illegal speech content discrimination. They're obligated to know under far better publicised Miller v CA standards that what these dimwit bigot thugs pretended state law called "obscene" is anything but under US legal precedent. As such, rather than just dismiss false charges, bench warrants for the arrests of all cops involved would have been appropriate. Let's hope the victim of this lynching by corrupt cops does sue them personally and their department, as one of the linked articles suggests she's considering.
This case is unimportant as to defining protected speech, as that work was done decades ago. What's needed now are examples of how when cops act like a violent criminal gang rather than legitimate law enforcement peace officers, they have life changing experiences. Felony conspiracy to and deprivation of rights under color of law Federal convictions, and state kidnapping and assault with deadly weapons state convictions, would take armed thugs off the streets for a token jail sentence, and potentially disarm them for life. Civil damages against both the department and individual thugs could send messages to other potential thugs that cop shops aren't the best place for them to seek employment, and to voters that they at least by indirect tax rate increases, are liable for their bad choices to tolerate or enable gangs of thugs rather than responsible public safety operations.
Find More info -- HERE
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| Is It Just Me... | Dec 16th. at 2:32:02 pm EST
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Black Butterfly (Jacksonville, Florida) - Email Me
Or does reading the article makes you laugh out loud. Cussing at a toilet, then getting arrested for it. Weird.
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| I AGREE.... | Dec 16th. at 4:55:28 am EST
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Whitewolf (Schenectady, New York) - Email Me
If you're in YOUR OWN HOUSE you have to right to vent if you want!
Love to all
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| Freedom To Vent! | Dec 15th. at 11:10:41 am EST
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bigcat (peoria, Illinois) - Email Me
Well, at least if she was cursing at her toilet all she could be accused of is "potty mouth."
When my Mom and I were working on the obstinate plumbing of our toilet at home, both of us were using language that would have embarrassed a hardened sailor. I usually do not swear or curse very often as I feel it is just a waste of breath and I don't need shock value to make my point, but if I am deeply involved in a difficult frustrating task or dealing with something (like my *$%##** computer, when it acts up) (or someone) that ticks me off royally or suffering some extremely painful injury, such as mashing my toe or finger you can bet that I'm not going to sound like the Princess Bride or trill "oooh, my bad," in a musical Snow White high C. I'd be cussing a blue streak and looking for a stick of dynamite so that I could blow my problem to another realm.
The neighbor was just ticked after being told to take a hike and probably embellished things a bit to get the neighbor arrested- a fact that probably didn't improve the lady's mood any. I know it wouldn't mine. Besides what anybody says in their own home-should be their business and not some neighbor's-unless she's calling for help.
I'm glad the judge threw it out. I'd hate to have the censor police on my doorstep. I'd probably have a few choice terms for them too.
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| She Must Have Been Loud | Dec 15th. at 3:21:19 am EST
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Shadowbear (Hillsboro, Oregon) - Email Me
I often curse at my toilet - which often backs up - sometimes I hear my neighbors plunging at the same time - kind of a duet. If I were telling it what I actually think of it loud enough to be heard outside my dwelling I would be somewhat embarassed if someone yelled at me to keep it down - perhaps if the law officer whose mental state needs to be looked into had asked her to hold the noise down rather than clean up her language she might have been more cooperative. The language was appropriate, possibly the volume was not. Toilets do NOT respond to polite requests.
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| What!?!?!?!? | Dec 15th. at 12:29:54 am EST
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Elwin Shadowstrider (Bartlett, Tennessee) - Email Me
This idiot called local law enforcement after someone cursed them out from within their own HOUSE? What planet do these freaks live on? What I would want to know is that if the off-duty cop uses "colorful" language; and how often. If someone told me to "watch your mouth" in my own house, from the sidewalk, is going to get cussed too! The fact that this even went to court is absurd, and a waste of time.
What I do in my own house is my own business, and even if it was cussing out a toilet, or whatever other piece of machinery that can and does screw up from time to time. My house, my rules, my choice of language, get a grip!
Kudos to the judge for throwing it all out!
Namaste!
In Hecate's Love,
Elwin Shadowstrider ) O (
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| How About Cursing At Tires? | Dec 14th. at 7:48:56 pm EST
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Aritimi Morgana (RotterdamJct/Schdy/Scotia, New York) - Email Me
Boy, if that fella who called the authorities on that lady heard me a few days ago, they would've been cringing too. I was trying to get the valve cap off one of my tires which was nearly flat and spent at least 5 minutes in the cold wrestling and swearing at the stubborn little bugger before I was able to get it off. I generally try not to use foul language, but in this case, it was an emergency and I felt entirely entitled to letting out some colorful euphemisms in the process. Well, it made me feel better. If the lady can cuss at a bad toilet, I can swear at my car when it doesn't feel like cooperating. Man, there are days when I wish I had a Firebolt 2000 on hand. Save me a lot on gas.
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| Did Anyone Else Find It Odd That ... | Dec 14th. at 6:30:39 pm EST
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cher cunningham (Vincennes, Indiana) - Email Me
this law enforcement officer called the authorities on her a$$? How strange is that?
Cher
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| Personally... | Dec 14th. at 6:13:57 pm EST
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Skytrace (San Antonio, Texas) - Email Me
If I'm in *my* house, cussin' at *my* toilet (or any other inanimate object) and someone comes along and tells me to "watch my mouth", you can bet the first thing I say to them will not be "Have a Nice Day". More likely, I would tell them to F*** Off or KMA.
Good for the judge for tossing this one out!
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| Whew!!! | Dec 14th. at 3:42:00 pm EST
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Valerya (Greensboro/Stokesdale, North Carolina) - Email Me
Now if I'm ever cited for swearing at my car or a vending machine or any of the other mechanical things that tend to get all puckish and annoying when I least need them to, I can cite this case as a precedent. :-)
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