Melissa Harris, from the US state of Wyoming, faces a misdemeanor breach of peace charge and could be sentenced to up to six months in jail if convicted. She pleaded not guilty in May.

Her lawyer, Robert Piper, argues that using profanity is not itself a criminal offence and says Wyoming Supreme Court rulings require an intent to incite disorder.

A judge rejected a motion to dismiss the charge, ruling that the context of Harris’s words should be decided by a jury.

“The utterance of obscenity alone cannot constitute a crime,” Piper said.

Harris’s jury trial is scheduled for October 27.