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By Edward Lewis elewis@timesleader.com
Staff Writer
A Hughestown man has the right to express his opinion in any way he seems fit, including the use of a word many deem obscene, two attorneys said.

Hughestown police charged Joseph Decker with disorderly conduct over this sign placed in the rear window of his truck. The photo was provided, and the expletive blocked out, by WNEP-TV Channel 16.
Joseph Decker, 39, of Parsonage Street, was charged by Hughestown police with disorderly conduct over a sign he placed in the rear window of his Dodge Ram pickup truck.
Decker said he placed the sign that says, “If you’re in America and can’t speak English, get the (expletive) out” after he called his bank and had trouble understanding the call taker a few months ago.
“You get these people when you call these call centers and they don’t speak English,” Decker said.
Police said they received complaints about the sign that is exposed to children walking to Pittston Area’s Martin L. Mattei Middle School on New Street.
“From what I understand, the reason for the citation is due to the children nearby,” said attorney Joseph Cosgrove, who is also a constitutional law instructor at King’s College. “That’s called content-based discrimination. It is absolutely, totally and fully unconstitutional.”
“It may be offensive, but you can’t legislate or criminalize free speech,” attorney John Pike said, concurring. “Expressing one’s opinion is protected.”
Cosgrove and Pike referred to the 1971 U.S. Supreme Court decision in Cohen v. California that ruled the use of obscene language or words is considered free speech.
In that decision, similar to Decker’s case, a 19-year-old man was cited in Los Angeles in 1968 for wearing a jacket bearing the words “(Expletive) the Draft.”
It’s the same word as Decker placed on his truck.
“If you go back to that case, a guy wearing a jacket expressing his opinion about the draft, the (U.S. Supreme) court said it’s protected speech,” Pike said. “Same goes here.”
The word is also listed in Webster’s Collegiate Dictionary.
“I find (Decker’s) message and the use of this language distasteful, but the constitution protects it,” Cosgrove said.
Decker is cited under the disorderly conduct’s section of using obscene language or making an obscene gesture with intent to cause public inconvenience, annoyance or alarm, according to the citation filed with District Judge Fred Pierantoni in Pittston on Nov. 11.
Police said complaints filed by parents walking their children to school are examples that the sign is a public annoyance.
“It may be bad taste, but his intent to my understanding is not to annoy people, he’s just speaking his mind,” Pike said.
“Issuing the citation is an incredible gross violation of the constitution and is without any possible justification, Cosgrove said.
Decker said he plans to plead not guilty to the citation.
A summary trial has not been scheduled.
JOAN GRAY said...
I think all of us are sick and tired of trying to do business with these people that can't speak english. I don't understand why there are so many of them. There must be english speaking people out there that can do these jobs.It makes it very hard to keep asking :pardon me" over and over.
December 4, 2008 at 4:38 AM
MJS said...
Common sense wins here. Its sad you need an attorney to prove common sense.
December 4, 2008 at 7:09 AM
Lois Conklin said...
The center Decker called is most likely not even in the US. So where should these people get the "f" out of? Their own country? I don't think this should fall under free speech. The statement without the profanity? Sure. But as it stands I believe he is violating obscenity laws. I don't get the use of the word? How does it convey anything productive or conducive to intelligent discourse? It comes off as sounding juvenile. Lastly this very well could prove to be not only annoying but hurtful to many in our area. Have a problem with outsourcing jobs to India? Me too but I fail to understand how a tantrumesque rant is going to solve anything.
December 4, 2008 at 7:13 AM
Chantal said...
Someone needs to make up some t-shirts that say, "If you don't like Joe Decker, get the (expletiveout..lol Oh geeze, can we find some other thigs that are more worthy of inappropriate? I find people on cell phones texting away, shaving, reading, and people stuffing their faces with fast food more offensive.....Get over Joe already...
December 4, 2008 at 7:34 AM
Neil Smith said...
Oh come on now. If you think that word f---- has a place out in the public viewi think your values are as bad as the jerk who put it on his truck. But i think some silly court will say it`s ok. Some words have to be offensive or we will all be in the gutter.
December 4, 2008 at 7:37 AM
RWilliams said...
Let the games begin Pickup truck driver thousands, taxpayers get your wallets out!
December 4, 2008 at 7:51 AM
Me said...
We live in the good ole USA, freedom of speech...or do we live in a communist country..???
December 4, 2008 at 8:03 AM
Joan said...
Too bad he's not running for Congress..I'd vote for him. I was shocked to be told that this word is in the dictionary. Why weren't they cited? Lots of kids use the dictionary. I hate the word myself but guess I'm overruled.
December 4, 2008 at 8:14 AM
dan said...
Why not just cite him under the law that prohibits signs or lettering more than 3.5 inches from the bottom of the rear window?
December 4, 2008 at 8:14 AM
Rob said...
This is news? Because the media is so unashamedly liberal I figure this will be a national news story by tomorrow. Mr Lewis, please don't try to pass this off as journalism, its sensationalism, pure and simple. So-called reporters like you are reason I don't subscribe anymore.
December 4, 2008 at 8:23 AM
TJ said...
Deckers lawyers are right. He has freedom of speech, and he's chosen to express it in ENGLISH.
December 4, 2008 at 8:34 AM
Fletch said...
I totally support the sentiment of the message, (although I think the call centers he is mentioning are most likely banks sending calls to India). It sickens me to walk through Lowes, or even JC Penny and see signs in dual languages. Perhaps the message could be modified to: speak English or be willing to learn it. Enough with the Spanish signs!
December 4, 2008 at 8:42 AM
tootpastetom said...
Why is no one complaining about the punks driving around in boomcars forcing everyone to listen to filth much worse than this sticker? How is the visual representation of this word any different than the the audio representation of it? At least with the sticker I don't have to look at it, but with boomcars I don't have the option to not hear it.
December 4, 2008 at 9:14 AM
Effie Blizzard said...
One of course wonders just how many generations back one must go in Mr. Decker's lineage to find someone who spoke not English when THEY first arrived on these shores. Oh, by the way, Decker is a surname of Old High German origin, from the German "decher" meaning roofer or more broadly, carpenter. The English word racism, for those interested, is of French origin and was first used in 1930's as a descriptive of Nazi theories.
December 4, 2008 at 9:19 AM
Max from Kingston said...
We should not pay attention to the message, but rather to the messanger. Mr Decker is extremely ignorant and clearly a bigot. This is setting a very poor example for his four children.
December 4, 2008 at 9:36 AM
DS said...
Better get ready to see more and more of this now that it's "ok" to display the 'F' word. But I find it absolutely amazing that a woman in Scranton was fined for cursing at her overflowing toilet, IN HER OWN HOUSE, after a policeman (Big Brother?) overheard her tirade. This is becoming more and more ONE SERIOUSLY MESSED UP COUNTRY !
December 4, 2008 at 9:39 AM
Bernie Klein said...
Of course Mr. Decker`s attorney is right. He does indeed have the right to act like a redneck bigot and proclaim so in public. His choice of the "f" word, when many other words could convey the same message, merely announces to the world his crudeness and bad taste, especially during this seasonal time of good cheer.
December 4, 2008 at 9:41 AM
ck said...
if the mans constitutional rights have been violated and it sounds like they have been, i think hughestown may have to write a big check, i hope they have the money
December 4, 2008 at 9:41 AM
john gillis said...
I was taught in grade school that you could tell someone's lack of a command of the English language by that person having to resort to profanity to express himself. Also, saying, "has the right to express his opinion in any way he seems fit," should be "sees fit." I agree with the truck owner in this isolated incident, where someone filled with hate and who can't speak English should be removed from the U.S.A. The truck owner, obviously, couldn't pass a high school grade level English test.
December 4, 2008 at 9:52 AM
Jim said...
I see that somebody taught Mr. Decker how to use contractions in the past few days.....
December 4, 2008 at 10:36 AM
brongwen said...
All I have to say is GO JOE DECKER!! I think this man has every right and every reason to display this message proudly. Welcome to America now please speak English!
December 4, 2008 at 10:46 AM
cheryl cross said...
I give major kudos to this guy. And to respond to Ms. Gray, the reason there are no english speaking people on the phones is they don't even live here. Most call centers are in India and places like that because it is much cheaper labor.
December 4, 2008 at 11:01 AM
Hank the Crank said...
I agree with the sentiment, i like the sign minus the f word. I was right behind a guy at McDonalds..back of his shirt was F... You....a little to "in your face" in there. Use a LITTLE discretion and common sense.
December 4, 2008 at 11:02 AM
George Washington said...
Just to be clear, the issue about which Decker and Ms. Gray are complaining is not that people don't speak English but that they speak with an accent. This country we live in was founded on and, at least in theory, prides itself on diversity. Perhaps these chronic complainers should remember this, open their minds, and close their mouths.
December 4, 2008 at 11:13 AM
John Busch said...
I agree with Joan, but EEO laws and corporate (misguided politically correct) diversity make it extremely difficult NOT to hire some of these people. In a certain sense, we have become our own worst enemy.
December 4, 2008 at 11:19 AM
George Carlin said...
One might recall, a list of words never to be uttered in polite society. Today, things have changed. There are just words.
December 4, 2008 at 11:21 AM
Pundit said...
Children's mind's should be unmolested by such hateful graffiti. What is Joe really trying to say. "I'm really poorer than the people who can't speak English."
December 4, 2008 at 11:31 AM
Bystander said...
Again, because of the right to free speech, you can crudely complain about anthing, including accents and the founding principles of this country and are not required to open or close anything, and if that were not the case, we would lose the right to voice our opinion on this entire situation.
December 4, 2008 at 11:35 AM
I'm John Senchak, and I approve of this message /john@antihotmail.com said...
This guy is a moron, because the person that he talked to at the bank was more then likely sitting in another country, most likely India. So he jumps to conclusion and thinks the person is in this country and then puts the sign up to express his false anger. How does he know the call center in question, is in the United States?. I agree with this guys opinion, but I think his going about it the wrong way.
December 4, 2008 at 11:53 AM
Michelle said...
When my Grandparents came to this country a long time ago THEY HAD TO LEARN TO SPEAK ENGLISH! They only spoke their language when they were in there own homes. Why should I be FORCED to learn another language? Shouldn't it be the other way around??? I live in AMERICA and in America, the OFFICIAL LANGUAGE is ENGLISH and that is what I speak.
December 4, 2008 at 11:58 AM
valleykay said...
if i can't understand someone i simply do not talk to them. when you call these places, you can ask for someone else. it's a fact of life now people... most of these jobs have gone overseas. as for the sign on this man's truck... i find that he could convey the same message without the F word. don't be mad at the people trying to make a living that cannot speak english... be upset with the corporations that chose to outsource.
December 4, 2008 at 12:00 PM
Chtia said...
Most of this call center are in other countries what happen here you guys are jelous because the only language you can speak is english because you never has been out of your town.Go nad visit the world to learn more moron
December 4, 2008 at 12:30 PM
johhy reev said...
You should watch the movie. "A Day without a Mexican. Nothing would get done in this nation if there were no Mexicans.
December 4, 2008 at 12:30 PM
Scott said...
He has the right to free speech, printed or spoken. His taste is in question, but you can't persecute for poor taste.
December 4, 2008 at 1:05 PM
der said...
Does he think if they can't speak it, they can read it?
December 4, 2008 at 1:19 PM
mike martin said...
To MJS: Please avoid using the terms attorney and common sense in the same sentence as it is an oxymoron. They are mutually exclusive terms.
December 4, 2008 at 1:37 PM
Jim said...
would have made more sense if he wrote it in their language
December 4, 2008 at 1:48 PM
DrJ said...
Al, that is hilarious but likely lawyers couldn't make $$ off that offense. Michelle, I think you overlook the fact that many of these people ARE TRYING to learn and speak English and we should be more supportive instead of feeling so threatened - have you ever tried to learn another language. Finally, there are limits to freedom of speech and the supreme court has made that clear.
December 4, 2008 at 1:59 PM
Dr.J said...
And one more thing, if the truck owner wants to display this message on his property - that's one thing -> but driving around town spreading the message through areas where a greater, and likely younger, audience can view it...that's just poor judgment and not a very productive, nor effective way of solving the problem. But hey, he gets his couple minutes of fame!
December 4, 2008 at 2:05 PM
Eltee said...
Right on valleykay. I used to get really frustrated talking to these people but either you deal with it since it's not their fault American coporations find it more cost effective to outsource the job to them or talk to someone else without an accent (good luck)since the call center people ARE speaking English. To all those people offended by the F-bomb where have you been living? In today's culture this word is used as a noun, a verb, an adjective etc. Those little kids you are worried about? If they can read they probably use it too! The guy with the truck is frustrated but the message on his truck window with the F-word will not change anything. It's easier to complain (or put a sign in the window)then educate yourself and actually DO something to change the things you don't like. One last comment be glad that you are an American and have the freedom to express yourself in whatever language you please.
December 4, 2008 at 2:08 PM
robomad said...
Arguement regarding First Amendment rights aside, in some states, anything applied to window glass which obstructs vision is a violation of the vehicle code. Does this apply {no pun intended} to this case?
December 4, 2008 at 2:08 PM
American!! said...
Again!! "Offensive to the middle school children"? Who are you kidding? These middle school kids have mouths like truck drivers!!
December 4, 2008 at 2:14 PM
robomad said...
It is a peculiarity of the U.S. that anyone emigrating to this country, regardless of country of origin, can become an American. The same cannot be said of other nations. For example, an American emigrating to France can never be a Frenchman. Anyone emigrating to Germany will never be considered a German. Sometimes this "peculiarity" can be both a blessing and a curse. Witness this debate.
December 4, 2008 at 2:26 PM
I'm John Senchak, and I approve of this message/ John@antihotmail.com said...
I bet this guy likes drinking beer, buying lottery tickets, NASCAR,hunting county music,thinks Joe Pa is a football legend , Eagles Football, listing to rock107, driving his pick up truck and hanging out at the local bar. A typical Luzerne county person if you ask me.
December 4, 2008 at 2:30 PM
Lois Conklin said...
What problems are caused by having bilingual signs? Many, many other countries have been bilingual (or gasp even tri-lingual) for centuries. Those countries are still standing and still successful. There are many people that need to get over their ethnocentrism in this area.
December 4, 2008 at 2:30 PM
virginia said...
Believe it or not this word is used as a common every day word. More and more children are using it because it is used in the home. Let's start with teaching children right and wrong. I agree with the sign if you won't speak english then it's time for you to leave our country.
December 4, 2008 at 3:27 PM
said...
speak american remember Hazleton court case for two teens learn American or go to jail was the deal....not the case here but same idea....good for decker
December 4, 2008 at 5:20 PM
Pinky said...
I agree with Joe Decker 100 percent. This bilingual stuff in our country has to stop! And, when you call a business, their prompt should say "Press 1 for English, Press 2 for DEPORTATION." Enough said.
December 4, 2008 at 5:55 PM
Faith formerly of PA said...
I am sure that this is not the first window art or bumper sticker that had "offensive Language" displayed and was seen by children. This IS AMERICA free speech, the right to an opinion. Well why are only the people who can not speak english entitled to this without retribution. Is it because they are not Americans and we do not hold them to our standards. No one is telling them not to speak their language but at least learn ours if you are going to live here legally , work and pay taxes . If you are not going to live here legally and just take advantage of the system then do not learn the language just go back to your own country and see if the feed you and give you free medical care. ENOUGH. God Bless Mr. Decker for having the courage of his convictions in this free land of The United States
December 4, 2008 at 6:17 PM
said...
Hughestown police are a joke . bid well is a jerk . come see a real police force like dupont
December 4, 2008 at 6:29 PM
Rob said...
Well, according to yesterday, Mr. Decker wasn't even aware how to use contrations, so he should clearly be one to criticize the language of others. Also, it's nice to see that he's so smart, that he's not aware that the call centers aren't down the street from him. They're in another country. Plenty of these corporations have outsourced the jobs to foreign countries because of the cheaper labor. Finally, contrary to what some of the posters here have stated, English is NOT the official language of the United States. Yes, it's the most commonly spoken language in the country but it is NOT the "Official" language. America hasn't identified an "official" langauge
December 4, 2008 at 6:33 PM
Rob said...
You also cannot speak "American" Sorry. As much as you'd like to, that's an impossibility
December 4, 2008 at 6:35 PM
Lynese said...
GO DECKER! ;] i agree 100%.. where could i get a sign!! ha... i dont care what color you are or what you look like. but your in america, speak american language! i consider it disrespect not to. why should you have to press 1 for english, i called somewhere once and i have to press 1 for spanish 2 for english! are you kidding me!!!!!
December 4, 2008 at 6:46 PM
work in sales said...
try to talk to some one whom does not us english. and see what happens they get up set because they think things should be the price they want. dont like the f work but this is the USA OF OUR COUNTRY> THAT WE FIGHT FOR TO STAY FREE> WHATS HAPPENING TO OUR FREEDOM>
December 4, 2008 at 7:21 PM
taxpayer tom said...
Forbidden Use Of Carnal Knowledge Now whats wrong with that? That's how most of us got here to begin with.
December 4, 2008 at 8:34 PM
J.Wallace said...
8 % unemployment and rising ....12 ....20 million ILLEGALS or more .....does one have your job * shrug *
December 4, 2008 at 10:32 PM
marc said...
All this talk about speaking ENGLISH begs for this question to be asked.. If these people that can't speak English, can't read English...... How can the drive legally? If they can't read, how can they tell what highway signs say?
December 4, 2008 at 11:23 PM
mikeg said...
PLEASE PRESS ONE FOR ENGLISH. FOR SPANISH PLEASE HOLD, WE'LL BE RIGHT WITH YOU.
December 5, 2008 at 8:18 AM
said...
i hope this town is sue big time and bidwell is let go
December 5, 2008 at 10:50 AM
usa said...
english only if not get the f out the police in that little town i do mean little it has 10 streets and two police cars and a k 9 dog wait to he sue this police dept it will be cops on foot
December 5, 2008 at 4:00 PM
Lois Conkliin said...
Illegals take our jobs? Really? Were you planning on working at TJ Maxx or were you planning on picking apples? What jobs, exactly, has an illegal immigrant taken off of anyone? The biggest reason that companies hire illegals is because they can't get Americans to work the jobs! We are "too good" for these jobs. But now that illegals are working them, we want to cry about it.
December 5, 2008 at 6:47 PM
Cityrefugee said...
If it's "okay" to have this word blatantly plastered on his window, why is the media "blurring it out" when they show it on the news? And why aren't they just saying it in their news piece? Either it's offensive or it isn't, make a choice! If it isn't, just say it out loud, folks. If it is offensive, get it off the truck.
December 6, 2008 at 6:57 AM
Christie said...
This man's rights were infringed upon, and the Hughestown police should know that. Being an American, whether you agree or disagree, you have the right to freedom of speech. He did not mention the name of a particular person, which would be considered slander/libel, he made a general statement, and was within his constitutional right to do so.
December 8, 2008 at 1:39 PM
robomad said...
RELAX! All you who oppose immigration, legal and illegal. Recent reports indicate that numerous immigrants are packing up all their belongings and returning to their country of origin to move in with their families and relatives. The reason? The downturn in the American economy. They have lost their jobs, benefits and homes.
December 8, 2008 at 4:24 PM
Dan said...
Hooray for this guy!! He has every right to express his frustration. It is his constitutional right ....period. All you people who are crying about the children seeing this...wake up !!! they hear that word at home and at school and see it on the internet everyday! So stop your whining and remember this when you encounter someone you can't understand when you are trying to get an answer from an "American company"
December 9, 2008 at 9:25 AM
Frank said...
If anyone has heard this man speak, you know how narrow-minded he appears. His time would be well spent learning correct grammar and speaking skills in English.
December 9, 2008 at 9:40 AM
Nuts4NePA said...
Now it's only a matter of time until Mr. Decker gets his own record deal. Now he and Joe the (unlicensed) Plumber can sing all about how their rights have been trampled in the Great God Blessed America.
December 9, 2008 at 11:48 AM
Julie Dockery said...
well said Mr Decker. I agree with you totally and using the F word is needed at this point with all of the abuses the illegal aliens have done. Perhaps it will get the much needed attention
January 31, 2009 at 11:35 AM
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