Flipping The Bird: Protected Free Speech?

**pmfc** · 03-15-06, 05:33 PM

PITTSBURGH -- A Pennsylvania motorist is going to federal court to protect a very specific part of what he claims are his free speech rights: the right to show his middle finger.

Thomas Burns of New Castle, Pa., was cited for disorderly conduct last April after he became frustrated with a PennDOT traffic delay and he flipped his middle finger at a construction worker. The worker reported the gesture to a police officer in Beaver County, Pa., who cited Burns.

The citation was dropped in October when the officer and the offended construction worker failed to appear at a hearing Burns requested to fight the citation.

But now Burns is suing in federal court in Pittsburgh saying he never should have been cited in the first place and was maliciously prosecuted. He contends he was denied his First Amendment free speech rights.

Source

**Terminator** · 03-15-06, 05:42 PM

Re-Post http://www.lawenforcementforums.com/...ead.php?t=3241

But I say no, in a public environment it is not...

FishTail · 03-15-06, 06:19 PM

It's likely to cause a breach of the peace, so no.

**Virginian** · 03-15-06, 06:21 PM

I believe here they get you under some sort of aggressive driving law, since it often leads to altercations.

**chris2001** · 03-15-06, 06:39 PM

Originally Posted by Virginian

I believe here they get you under some sort of aggressive driving law, since it often leads to altercations.

That would be for driving not flipping someone the bird. The actions while possibly related can not be tied together. Hince why you can flip a cop off as you drive by and while we may flip around on you and follow you, we can not stop you and cite you just for that.

**Retdetsgt** · 03-15-06, 08:08 PM

You gotta be kidding me! A construction worker whined to the police that some guy flipped him off! The poor baby!

Sorry, but our society has evolved far past the point that flipping someone off should be against the law. Maybe in the 50's, but when they're selling CD's and such that use the fuck word liberally, it's hypocritcal to arrest some guy for getting frustrated and flipping off some construction worker.

Besides some of these construction flaggers are a pain in the ass anyway. Having that stop sign in their hand is the most authority they ever had in their lives and they are by God gonna use it.

**Prometheus** · 03-15-06, 08:21 PM

Would it be protected free speech when the construction worker monkey stomps his ass into the ditch? I'd laugh.

**Retdetsgt** · 03-15-06, 08:37 PM

Originally Posted by Prometheus

Would it be protected free speech when the construction worker monkey stomps his ass into the ditch? I'd laugh.

If the construction worker cried to the police, my guess is that he probably wouldn't be big enough to do that. Maybe we should post police around construction sites so the workers don't get their sensibilities hurt.

**Virginian** · 03-15-06, 09:41 PM

That would be for driving not flipping someone the bird. The actions while possibly related can not be tied together. Hince why you can flip a cop off as you drive by and while we may flip around on you and follow you, we can not stop you and cite you just for that.

Might count under curse and abuse, but I wouldn't push my luck.

FishTail · 03-15-06, 09:43 PM

It's an offence here and I have used it to great effect on the usual scumbags who flip me off. Easy way to get them off the street.

**Kimble** · 03-15-06, 10:20 PM

Hey, if it's good enough for our President (just look at my avatar picture), it's good enough for some crybaby construction worker.

Now, if someone flips me off, that's a who other story.

BTW, I find it hilarious that Burns was cited in Beaver County!

**TXCharlie** · 03-15-06, 10:58 PM

Originally Posted by Retdetsgt

You gotta be kidding me! A construction worker whined to the police that some guy flipped him off! The poor baby!

Good point, O mighty one! That does seem kinda sissy for a construction worker

**Retdetsgt** · 03-15-06, 11:19 PM

Originally Posted by TXCharlie

Good point, O mighty one! That does seem kinda sissy for a construction worker

Thanks. I just can't envision a scenario where I would feel it necessary to call the police because somebody flipped me off.

I'd be too embarrassed.

**MisterK** · 03-16-06, 03:58 AM

Over here it's a 500 Euro ($ 600 ) fine for flipping the bird. My bosses wife got that one a few years ago.

**chris2001** · 03-16-06, 08:58 AM

Originally Posted by MisterK

Over here it's a 500 Euro ($ 600 ) fine for flipping the bird. My bosses wife got that one a few years ago.

Now thats what I am talking about. That would really put a stop to these oh so bad criminals.

Good lord give me a break its the middle finger its not like he whipped out his penis.

**Virginian** · 03-16-06, 09:05 AM

**chris2001** · 03-16-06, 11:12 AM

Originally Posted by Virginian

+1

**Virginian** · 03-16-06, 01:01 PM

That's it, I'm pressing charges!

**cntryboy0531** · 03-16-06, 01:45 PM

Originally Posted by chris2001

Now thats what I am talking about. That would really put a stop to these oh so bad criminals.

Good lord give me a break its the middle finger its not like he whipped out his penis.

I dunno how things work where you work at, but here we can cite someone for giving someone the finger while they are driving. "Improper hand signals."