Pennsylvania man alleges he was illegally arrested for swearing

A Pennsylvania man, Richard Pustovrh, recently filed suit alleging he was illegally arrested for using curse words in the presence of a police officer.  According to reports, the man was involved in an argument with his employers, in September 2012, when the employers called police.  When officers arrived, the man repeatedly used obscene language in their presence.  One officer warned Mr. Pustovrh not to use the curse word.  When Mr. Pustovrh continued to curse, the officer allegedly placed him in handcuffs, detained him at the local jail and charged him with disorderly conduct and use of obscene language.  Reports indicate that Mr. Pustovrh was found guilty on both counts; however, when he appealed his convictions, prosecutors dropped the “obscene language” charge.

The First Amendment to the United States Constitution states, in part, that “Congress shall make no law . . . abridging the freedom of speech . . .”  While case law reveals that certain types of speech are not protected, many courts have held that the use of curse words is protected speech.  As Justice Harlan stated, in Cohen v. California, “one man’s vulgarity is another’s lyric.” 403 U.S. 15 (1971).  If a person is engaged in disruptive behavior, they may be subject to certain criminal charges, such as disorderly conduct; however, the use of foul language or curse words is not, in itself, a crime.

See more on Mr. Pustovrh’s case at: Pittsburgh Post-Gazette; Mass Live; and, Fox News.