"foul and abusive language" without specifying any further component to the offence, although it appears to be unclear as to whether all and every instance of swearing is covered. Salford City Council claims that the defence of "reasonable excuse" allows all the circumstances to be taken into account. In England and Wales, swearing in public where it is seen to cause harassment, alarm or distress may constitute an offence under section 5(1) and (6) of the Public Order Act 1986. In Scotland, a similar common law offence of breach of the peace covers issues causing public alarm and distress. In the workplace In the United Kingdom, swearing in the workplace can be an act of gross misconduct under certain circumstances. In particular, this is the case when swearing accompanies insubordination against a superior or humiliation of a subordinate employee. However, in other cases, it may not be grounds for instant dismissal. According to a UK site on work etiquette, the "fact that swearing is a part of everyday life means that we need to navigate away through a day in the office without offending anyone, while still appreciating that people do swear. Of course, there are different types of swearing and, without spelling it out, you really ought to avoid the 'worst words' regardless of who you're talking to". Within the UK, the appropriateness of swearing can vary largely by a person's industry of employment, though it is still not typically used in situations where employees of a higher position than oneself are present. In 2006, The Guardian reported that "36% of the 308 UK senior managers and directors having responded to a survey accepted swearing as part of workplace culture", but warned about specific inappropriate uses of swearing such as when it is discriminatory or part of bullying behaviour. The article ended with a quotation from Ben Wilmott (Chartered Institute of Personnel and Development): "Employers can ensure professional language in the workplace by having a well-drafted policy on bullying and harassment that emphasises how bad language has potential to amount to harassment or bullying." United States In the United States, courts have generally ruled that the government does not have the right to prosecute someone solely for the use of an expletive, which would be a violation of their right to free speech enshrined in the First Amendment. On the other hand, they have upheld convictions of people who