Federal Court: Flipping the Bird to the Cops is Protected Speech

And good, clean fun

A police officer can't pull you over and arrest you just because you gave him the finger, a federal appeals court declared Thursday.

In a 14-page opinion, the U.S. Court of Appeals for the 2nd Circuit ruled that the "ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity."

John Swartz and his wife Judy Mayton-Swartz had sued two police officers who arrested Swartz in May 2006 after he flipped off an officer who was using a radar device at an intersection in St. Johnsville, N.Y. Swartz was later charged with a violation of New York's disorderly conduct statute, but the charges were dismissed on speedy trial grounds.

Comments

[Diogenes of Sinope]

I GOT YOU HALF A PEACE SIGN, PIGGY BABY!
YOU CAN PUT YOUR KRISPY KREME DONUTS RIGHT HERE!
YEAH!
What's the matter guys, is this a Dunkin Donut day?
(Sound of a breaking finger.)

[sage]

That ruling should be tattooed on the pig's forehead.

[T.H. Steady]

I believe that it was already protected speech. This decision is more about whether the officer's actions were reasonable even if mistaken.

[nike air max pas cher]

ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity."