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Charter School Project Clears More Hurdles

SCRANTON &ndash; A Scranton woman charged with disorderly conduct for cursing at her toilet in her home has been found not guilty, according to her attorney, Barry Dyller. 
Scranton Judge Terrence V. Gallagher found Dawn Herb not guilty of violating a state law against using obscenity, ruling that although her language &ldquo;may be considered by some to be offensive, vulgar and imprudent . . . such representations are protected speech pursuant to the First Amendment.&rdquo;
Dyller said Thursday he had not seen the official court paperwork declaring the verdict, but was informed the case was ruled in favor of his client. 
&ldquo;For the most part, we are delighted she was found not guilty,&rdquo; Dyller said. &ldquo;The reason she was found not guilty and there was no probable cause is because we have free speech rights.&rdquo; 
Dyller said it was apparent Herb&rsquo;s neighbor, a Scranton police officer, and his colleague were not familiar with the law as they testified during the recent trial. 
Herb has discussed filing a civil suit because police had no probable cause to arrest her, Dyller said. 
Herb was attempting to fix the commode in the second-floor bathroom of her home when she became frustrated and began cursing near an open window. 
Her neighbor, the off-duty Scranton police officer, heard her and yelled at Herb to shut up. He then called another Scranton police officer and asked him to charge Herb.

Woman Charged With Cursing At Toilet Not Guilty