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Mother said Josh Powell threatened her
SCRANTON, Pa., Dec. 12 (UPI) -- A Pennsylvania woman facing charges for allegedly swearing loudly inside her home has prompted a case on a citizen's First Amendment right of free speech.
The Scranton (Pa.) Times-Tribune Wednesday said after 31-year-old Dawn Herb was accused of disorderly conduct for yelling profanities inside her local home, her case launched a free speech legal debate.
American Civil Liberties Union of Pennsylvania attorney Barry Dyller is representing Herb. On Monday he argued that Herb's alleged speech did not constitute a crime.
"The case law is very clear," he said. "This is not behavior that you can be arrested for... even if it is uncivil, annoying or irritating."
"It's protected First Amendment speech," he later added. "You're allowed to speak colorfully."
Herb faces a maximum jail sentence of 90 days and a $300 fine if convicted for allegedly yelling obscenities at her overflowing toilet so loudly her neighbors could hear, the newspaper said.
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