Welcome to the APBWeb.
Page 1 of 2 1 2 LastLast
Results 1 to 20 of 22
  1. #1
    pmfc is offline ^
    Join Date
    12-31-05
    Posts
    162
    Rep Power
    45762

    Flipping The Bird: Protected Free Speech?

    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

  2. #2
    Terminator's Avatar
    Terminator is offline BANNED
    Join Date
    12-03-05
    Location
    None of your business
    Posts
    16,064
    Rep Power
    0
    Re-Post http://www.lawenforcementforums.com/...ead.php?t=3241

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

  3. #3
    FishTail Guest
    It's likely to cause a breach of the peace, so no.

  4. #4
    Virginian's Avatar
    Virginian is offline Major
    Supporting Member Lvl 2
    Join Date
    12-28-05
    Location
    Virginia
    Posts
    3,647
    Rep Power
    8590746
    I believe here they get you under some sort of aggressive driving law, since it often leads to altercations.

  5. #5
    chris2001's Avatar
    chris2001 is offline Captain
    Join Date
    12-03-05
    Location
    KS
    Posts
    2,690
    Rep Power
    680859
    Quote 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.
    Being the best is not what always counts. What counts is always trying your best.

    Remember who you are, and where you came from. That way you never get a big head.


    May those that lost their lives in 9-11 RIP, for the things you did not many could do. You left so many behind so that you could save so few. For now we stand strong as one, and will not look back till the fight is done. (me)

    http://www.danasoft.com/sig/Nowwhat%...5Csuphomey.jpg

    The opinions given in my posts DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are MY PERSONAL OPINIONS only.

  6. #6
    Retdetsgt's Avatar
    Retdetsgt is offline How did I get here!
    Verified LEO
    Join Date
    12-07-05
    Location
    Oregon
    Posts
    1,944
    Rep Power
    7757748
    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.
    When I used to be somebody (I'm center top)

    "A burning desire for social justice is never a substitute for knowing what you're talking about". -Thomas Sowell-

  7. #7
    Prometheus's Avatar
    Prometheus is offline Senior Member
    Join Date
    12-04-05
    Location
    Orlando, FL
    Posts
    250
    Rep Power
    136888
    Would it be protected free speech when the construction worker monkey stomps his ass into the ditch? I'd laugh.
    "Look, just give me some inner peace or I'll mop the floor with you!"

  8. #8
    Retdetsgt's Avatar
    Retdetsgt is offline How did I get here!
    Verified LEO
    Join Date
    12-07-05
    Location
    Oregon
    Posts
    1,944
    Rep Power
    7757748
    Quote 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.
    When I used to be somebody (I'm center top)

    "A burning desire for social justice is never a substitute for knowing what you're talking about". -Thomas Sowell-

  9. #9
    Virginian's Avatar
    Virginian is offline Major
    Supporting Member Lvl 2
    Join Date
    12-28-05
    Location
    Virginia
    Posts
    3,647
    Rep Power
    8590746
    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.

  10. #10
    FishTail Guest
    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.

  11. #11
    Kimble's Avatar
    Kimble is offline Fact: sharks love cheeseburgers
    Verified LEO
    Join Date
    12-25-05
    Location
    Alabama
    Posts
    373
    Rep Power
    1786197
    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!
    Last edited by Kimble; 03-15-06 at 10:24 PM.
    "I'm the only one in this room, that I know of, professional enough carry this Glock 40." -Lee Paige, DEA (just before shooting himself in the leg)

    "America is all about speed. Hot, nasty, bad-ass speed" Eleanor Roosevelt, 1936





  12. #12
    TXCharlie's Avatar
    TXCharlie is offline Former & Future Reserve Officer
    Join Date
    12-29-05
    Location
    Dallas Area
    Posts
    5,528
    Rep Power
    3224965
    Quote 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

    (\__/)
    (='.'=) This is Bunny. Copy and paste Bunny into your
    (")_(") signature to help him gain world domination.

  13. #13
    Retdetsgt's Avatar
    Retdetsgt is offline How did I get here!
    Verified LEO
    Join Date
    12-07-05
    Location
    Oregon
    Posts
    1,944
    Rep Power
    7757748
    Quote 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.
    When I used to be somebody (I'm center top)

    "A burning desire for social justice is never a substitute for knowing what you're talking about". -Thomas Sowell-

  14. #14
    MisterK's Avatar
    MisterK is offline Monkey Man
    Join Date
    12-14-05
    Location
    Sin City
    Posts
    445
    Rep Power
    667596
    Over here it's a 500 Euro ($ 600 ) fine for flipping the bird. My bosses wife got that one a few years ago.
    Don't hit at all if it is honorably possible to avoid hitting; but never hit soft. -
    Theodore Roosevelt

    ____________________

    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

  15. #15
    chris2001's Avatar
    chris2001 is offline Captain
    Join Date
    12-03-05
    Location
    KS
    Posts
    2,690
    Rep Power
    680859
    Quote 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.
    Being the best is not what always counts. What counts is always trying your best.

    Remember who you are, and where you came from. That way you never get a big head.


    May those that lost their lives in 9-11 RIP, for the things you did not many could do. You left so many behind so that you could save so few. For now we stand strong as one, and will not look back till the fight is done. (me)

    http://www.danasoft.com/sig/Nowwhat%...5Csuphomey.jpg

    The opinions given in my posts DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are MY PERSONAL OPINIONS only.

  16. #16
    Virginian's Avatar
    Virginian is offline Major
    Supporting Member Lvl 2
    Join Date
    12-28-05
    Location
    Virginia
    Posts
    3,647
    Rep Power
    8590746

  17. #17
    chris2001's Avatar
    chris2001 is offline Captain
    Join Date
    12-03-05
    Location
    KS
    Posts
    2,690
    Rep Power
    680859
    Quote Originally Posted by Virginian
    +1
    Being the best is not what always counts. What counts is always trying your best.

    Remember who you are, and where you came from. That way you never get a big head.


    May those that lost their lives in 9-11 RIP, for the things you did not many could do. You left so many behind so that you could save so few. For now we stand strong as one, and will not look back till the fight is done. (me)

    http://www.danasoft.com/sig/Nowwhat%...5Csuphomey.jpg

    The opinions given in my posts DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are MY PERSONAL OPINIONS only.

  18. #18
    Virginian's Avatar
    Virginian is offline Major
    Supporting Member Lvl 2
    Join Date
    12-28-05
    Location
    Virginia
    Posts
    3,647
    Rep Power
    8590746
    That's it, I'm pressing charges!

  19. #19
    cntryboy0531 is offline THE five-oh
    Verified LEO
    Join Date
    12-03-05
    Location
    Somewhere in Florida
    Posts
    1,911
    Rep Power
    5562977
    Quote 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."

  20. #20
    TXCharlie's Avatar
    TXCharlie is offline Former & Future Reserve Officer
    Join Date
    12-29-05
    Location
    Dallas Area
    Posts
    5,528
    Rep Power
    3224965
    I'm offended - I'm pressing charges against both the original perp and the ones that display it again in their posts

    (\__/)
    (='.'=) This is Bunny. Copy and paste Bunny into your
    (")_(") signature to help him gain world domination.

 

 
Page 1 of 2 1 2 LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. Replies: 0
    Last Post: 05-30-07, 03:10 PM

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •