A U.S. court upheld the rights of a 31-year old woman who had earlier been charged of cursing at a toilet. The ruling stated that she could rightfully express herself.

District Judge Terrence Gallagher said that although Dawn Herb, of Scranton, Pennsylvania, used language which may be considered by some to be offensive, vulgar and imprudent" but she was entitled to use it under the First Amendment, the judge ruled.

Herb was slapped with the suit after an off duty police officer overheard her swearing at a toilet.

Testifying before the court, Officer Patrick Gilman said he heard someone yelling, "Are you f***ing retarded? Get me the f***ing mop."

At that point, Gilman claimed he yelled back, "Watch your mouth", to which Herb responded, "F*** off."

Calling on fellow cop, Patrolman Gerald Tallo, Gilman arrested Herb who readily admitted cursing at her toilet.

With the dismissal of the charges lodged against her, Herb escaped a prison term of up to 90 days and a $302 fine.