Pocono News Section

Toilet Cursing Case Under Review

Toilet Cursing Case Under Review - Monday, December 10, 2007 at 12:43PM EST

Reported by: David DeCosmo
Monday, Dec 10, 2007 @12:43pm EST
SCRANTON, LACKAWANNA COUNTY- A district magistrate says he'll review the law before deciding if a Scranton woman is guilty of disirderly conduct for cursing at her toilet then at a police officer.

Dawn Herb, 31, is the subject of the complaint.

Patrick Gilman, an off duty police officer, said his daughter was walking her dog in their back yard in October when she heard shouts of profanity.

He said he came outside and realized the shouts were coming from Dawn Herb's house which is in the same neighborhood.

Gilman testified that when he asked the woman to watch her language she cursed at him.

Gilman called an on duty patrolman who cited Herb for disorderly conduct.

Herb's attorney, Barry Dyller, argued that while profanity may be considered unpleasant it is protected by the constitution as free speech.