Delaware Profanity Laws
Profanity is certain language that is grossly offensive to members of the public who hear it being uttered. Profane speech is a nuisance to the public and is prohibited on television and broadcast radio between 6 a.m. and 10 p.m. as enforced by the Federal Communication Commission. Delaware also has laws that govern the use of profanity within state institutions and in public.
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Disorderly Conduct
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In Delaware, a person is guilty of disorderly conduct if he intentionally causes public annoyance, inconvenience or alarms another person by making offensive utterances or use abusive language, gestures or displays in the presence of other people. In Delaware, directing profane language at other people can result in the arrest and prosecution of an offender as evidenced in the State v. Henderson 2005 WL 2249086, where the defendant was found guilty of using profane language directed to the movie theater manager in the presence of other employees.
Context of Profane Language
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The Delaware Supreme Court takes into consideration the context in which profane language was uttered. The court is of the opinion that profane language is not considered to be disorderly conduct if it is not directed to anyone in particular, doesn’t cause a breach of peace, doesn’t annoy, inconvenience or alarm anyone and doesn’t lead to violence. This language is protected by the Fourteenth and First amendments of the Constitution and is merely taken as bad manners. This was evidenced by the ruling of the Supreme Court in State v. Cooper 2004 WL3312525, where the defendant was set free after being accused of uttering profane words in a family court waiting room.
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State Board of Education
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The State Board of Education in Delaware appoints the State Superintendent of Public Instruction. The State Superintendent has the authority to hire noncertified employees and clerical assistants who assist in office duties. These employees do not enter into a written contract with the Board, and the State Superintendent also has the authority to dismiss them for a variety of causes, including if they use insulting, profane or obscene words towards state employees or the public.
Repealed Profanity Laws
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The law code 5904 that allowed for the arrest of drunkards and profane swearers in Delaware was repealed by 75 Del. Laws, c. 278, § 2, effective June 2006. Delaware law enforcement personnel once were authorized to arrest people swearing in public before the law was repealed by the state.
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