Flipping Off Police Officers Constitutional, Federal Court Affirms

[BAMAPHIN 22]

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

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[NY8123]

This is bigger than it appears, if they had said you couldn't flip off a police officer that would have lead to bigger issues within the populous. Other than being paid for a job, what differentiates a police officer from any other average citizen? Nothing when it come to free speach.

[MoFinz]

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[GoFins!]

No right or protection is absolute. Obscene gestures and language should not be protected by the Constitution.

[Dolphins9954]

Win for freedom.

---------- Post added at 05:58 PM ---------- Previous post was at 05:57 PM ----------

No right or protection is absolute. Obscene gestures and language should not be protected by the Constitution.

WTF????

Who determines what is obscene????

[Valandui]

No right or protection is absolute. Obscene gestures and language should not be protected by the Constitution.

They are. It's not an arrestable offense. However, if you offend someone you may get the crap kicked out of you. Actions have consequences.

[GoFins!]

You're right, it COULD be a slippery slope ... but any mature and decent person could give us a good starting point. Another starting point might be words you don't want people to say around your young children.

No freedom is absolute. Next time you're in court try flipping off the judge or yelling obscenities at him.

Using polite language won't make anyone a better person, but the language you use does give people a specific first impression. While not always accurate, there are worse indicators.

[Dolphins9954]

You're right, it COULD be a slippery slope ... but any mature and decent person could give us a good starting point. Another starting point might be words you don't want people to say around your young children.

No freedom is absolute. Next time you're in court try flipping off the judge or yelling obscenities at him.

Using polite language won't make anyone a better person, but the language you use does give people a specific first impression. While not always accurate, there are worse indicators.

That would be Contempt of court which is a crime and something you will get arrested for. Flipping off a cop when you're out in public doesn't rise to the level of arrestable offense. And shouldn't give police the power to arrest or detain you. Especially overriding your 1st and 4th amendment rights. This was a win for the Bill Of Rights. How often do we get to say that???

[GoFins!]

Why should I be able to act "contemptable" around your family but not in court? Doesn't your family deserve the same respect as the court?

It should be a civil offense, not a criminal (arrestable) offense. Society might be better if there was a fine for public obscenity/vulgarity.

[Dolphins9954]

Why should I be able to act "contemptable" around your family but not in court? Doesn't your family deserve the same respect as the court?

It should be a civil offense, not a criminal (arrestable) offense. Society might be better if there was a fine for public obscenity/vulgarity.

If you acted like that around my family I would personally escort you out of my house and hope and pray you took a swing on me. I'm not a fan of fines for people using their 1st amendment rights. That's opening pandora's box because what you and I find offensive could be entirely different. The last thing I want is for some uptight, clipboard wearing, douchebag fining me for everything under the sun that THEY consider offensive. I think the 1st amendment has it right and we shouldn't limit or curtail it like people want to with the 2nd amendment.