ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Constitutional Law Blogs -> Blog of Rights

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Constitutional Law

: Blog of Rights

Pennsylvania State Police Agree to Stop Issuing Citations for Swearing

By Christopher Keelty, ACLU of Pennsylvania

ADVERTISEMENTS

Travelers and residents in Pennsylvania, feel free to break open that swear jar — you no longer need it to make bail. This week, the Pennsylvania State Police reached a settlement with the ACLU that retires them from policing the dictionary. This, after 770 people were cited in a one-year period, and faced a fine and potential jail time, for speaking words the state police deemed obscene.

The ACLU of Pennsylvania filed a lawsuit in May on behalf of Lona Scarpa of Luzerne County, who called a motorcyclist an 'asshole' after he swerved too close to her and another pedestrian. When she reported the incident to the police, Ms. Scarpa found herself charged with disorderly conduct for swearing and faced a possible $300 fine and 90 days in jail.

The Pennsylvania Supreme Court, and many other courts, have made it very clear that profanity — including dirty words, foul language, and rude gestures — is protected speech. Nevertheless, an ACLU investigation revealed that the state police had, on average, issued more than two such citations per day.

"Using profanity toward someone, whether an officer or not, is just not one of those things that you can put someone in jail for," explains Mary Catherine Roper, senior staff attorney for the ACLU of Pennsylvania. "It may not be very smart, but you have a constitutional right to do that."

As part of the settlement, the state  police have agreed to retrain their officers to make clear that they cannot cite people for profanity, indecent speech, or gestures. The ACLU reached a similar settlement with the Pittsburgh Police in 2008, and we will continue to take on any police department that appoints themselves the word police.

Full post as published by Blog of Rights on January 10, 2011 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0031 secs (from cache 11/03/26 03:25:03)