Legal Question in Civil Rights Law in Pennsylvania

profanity fine in high school

The old high school where I used to go in Pennsylvania has implemented some kind of new rule in there code of conduct on profanity. I have heard that if you are caught using profanity, mainly the f-word, then you are subject to a $250 fine, court appearnce, and community service if they so choose. I was wondering if this is completely legal and if there is anyway that this could be fought? Many friends that I have that still go there just don't think that it sounds right. I mean I understand how they can suspend you and all, but if the language is just between some friends talking and not being directed angrily at anyone, then how can they fine someone and bring up community service and stuff? Any help with answering this question would be greatly appreciated.


Asked on 12/18/08, 12:25 am

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: profanity fine in high school

In order to answer this question completely, I would need to see a copy of the school's written policy.

That being said, "profanity" by itself is not a crime. Therefore, filing charges in court for the use of profanity by itself would not be appropriate, and could be unconstitutional. The school itself, as a part of their internal disciplinary process could impose community service, etc., but the courts could not unless the use of the word rose to the level required by the law, which is much higher than just use of the word itself.

I would be very interested in looking at this further to determine if the policy could be challenged in court. If you wish, you can email me directly. If you could, please attach a copy of the school's policy. Also, please tell me the name of the school district.

Thanks.

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Answered on 12/18/08, 7:42 am


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