MIDDLEBOROUGH, Mass. (AP) — Residents in Middleborough have voted to make the foul-mouthed among them pay fines for swearing in public.
At a town meeting Monday night, residents voted 183-50 to approve a proposal from the police chief to impose a $20 fine on public profanity.
Officials insist the proposal was not intended to censor casual or private conversations, but instead to crack down on loud, profanity-laden language used by teens and other young people in the downtown area and public parks.
I'm really happy about it," Mimi Duphily, a store owner and former town selectwoman, said after the vote. "I'm sure there's going to be some fallout, but I think what we did was necessary."
The measure could raise questions about First Amendment rights, but state law does allow towns to enforce local laws that give police the power to arrest anyone who "addresses another person with profane or obscene language" in a public place.
Matthew Segal, legal director for the American Civil Liberties Union of Massachusetts, said the U.S. Supreme Court has ruled that the government cannot prohibit public speech just because it contains profanity.
The ordinance gives police discretion over whether to ticket someone if they believe the cursing ban has been violated.
Duphily, who runs an auto parts store, is among the downtown merchants who wanted take a stand against the kind of swearing that can make customers uncomfortable.
"They'll sit on the bench and yell back and forth to each other with the foulest language. It's just so inappropriate," she said.
Middleborough, a town of about 20,000 residents perhaps best known for its rich cranberry bogs, has had a bylaw against public profanity since 1968. But because that bylaw essentially makes cursing a crime, it has rarely if ever been enforced, officials said, because it simply would not merit the time and expense to pursue a case through the courts.
The ordinance would decriminalize public profanity, allowing police to write tickets as they would for a traffic violation. It would also decriminalize certain types of disorderly conduct, public drinking and marijuana use, and dumping snow on a roadway.
Segal praised Middleborough for reconsidering its bylaw against public profanity, but said fining people for it isn't much better.
"Police officers who never enforced the bylaw might be tempted to issue these fines, and people might end up getting fined for constitutionally protected speech," he said.
Another local merchant, Robert Saquet, described himself as "ambivalent" about the no-swearing proposal, likening it to try to enforce a ban on the seven dirty words of George Carlin, a nod to a famous sketch by the late comedian.
"In view of words commonly used in movies and cable TV, it's kind of hard to define exactly what is obscene," said Paquet, who owns a downtown furniture store.
But Duphily said, "I don't care what you do in private. It's in public what bothers me."
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This Week’s Celebrity Instagrams (10/15-10/21)
31 photos Launch gallery
1. Just a NY girl with BIG dreams....
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2. HAPPY CHILDREN=QUALITY PARENTING. We don't always see eye to eye on everything and that's normal. We're human beings. But we come together and do it right for what's important, the kids. We are not enemies, we are parents. And we are parents 1st. S/O to @monyettashaw for making Mason's bday memorable. S/O to @itscrystalsmith at home taking care of our other lil' Prince. ❤️❤️❤️ THIS IS WHAT CO-PARENTING LOOKS LIKE. #Blessed #Happy #AboveTheDrama #BiggerThanUs
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3. So happy to finally be able to share with you all that I’m the new Global Brand Ambassador for @Revlon! Follow my day on RevlonSnaps. Yay! Choose Love, Everybody! #RevlonXCiara #chooselove #ad
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4. Glam on point!!!@makeupbymotoko & @shaylinjoneshair #easybreezy @lifetimetv #beachesmovie #january2017 😘
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5. ✨True love ✨📸: @jessiemarrerophotography
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7. Today was not easy..but by the grace of God we all got through it. Words cannot express our gratitude for all of your Prayers, Positive thoughts and Support for us throughout the years. Tommy will be missed but most certainly never forgotten...And PLEASE don't ask "Where's Martin?.." he was there too...just not in this picture. Lol! God bless you all.. #LoveConquersAll #MartinShow
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9. West coast get ready for #RockyHorror. I will be live tweeting again. #letsdothetimewarpagain
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10. #THEKEYS pre order yours now ... Available everywhere #NOV22 #WeTheBest 🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑
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11. We about to ROCK at #KCABlackBall!! All for our life-changing effort to end 🌎 AIDS.
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12. Today's #SNAPJACK is brought to you by @yazzthegreatest 😂😂😂💋💋💋
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13. Damn girl you kinda old to be headed to the Go Go. You coming in at the age they leaving. LMAO
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14. Daddy daycare B-Boxin with @acewellstucker @shopraisingace
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15. #FBF Naviyd & URV "LIL MONSTERS"
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16. HAPPY BIRTHDAY TO ONE OF THE BIGGEST LEGENDS IN OUR HIPHOP HISTORY! @snoopdogg CONTINUED BLESSING AND LOVE FAMILY!!!!! REAL OG!
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17. Thank you for a beautiful night VSU! Let's do it again! #HOMECOMING
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18. Had a great time this morning with my familia Erica, Griff & Truth!!
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19. Check out my interview on @essence facebook live. #inmyownwords #nycpromo #day2
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20. #She💋 #tbt #TheCoveAtTheAtlantis #DawgPawsAndAll
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21. Bae #retailtherapy
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22. Why me and @coryhardrict got the same pose... and notee... new mouth #naked
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23. When my husband is my personal 'hype-man'! it kills me every time! 💜😂 #WHATNOW #lostfiles📷
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24. Diggy Simmons
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25. Hand full of @jacquieaiche 💙💎💍 @esnail_la 💅🏾
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26. SuperSoulers! You can watch my interview with Carl Lentz live from my Facebook page, tomorrow at 11a ET| 8a PT. #SuperSoulSunday
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27. 💋 .. When the friendship is easy like Sunday morning. ☀️
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28. Sunday mornings are the best........... hugs and cuddles with my angel
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29. #huggar16 #hellohuggars
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30. My gym is everywhere!.. #RnBMoney #TheGeneral 📸: @twelvepastseven
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31. Nothing I would rather be doing... Rocko setting up our movie, Romelō working on a puzzle & Laiyah singing and sharing all she's learning at school... I'm so grateful for the joy they've brought into my life ... Praying for peace , joy & love in the home of EVERY family ♥️ #HeadScarfPJSunday LOL 😂
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