Posted on 02/05/2018 10:20:51 AM PST by simpson96
An Indiana man has reportedly filed a federal lawsuit claiming his constitutional rights were violated when he was ticketed for giving an Indiana State Trooper the finger.
Mark May, of Terre Haute, is seeking unspecified damages against Police Master Trooper Matt Ames, the Tribune-Star reported, citing a complaint filed in court on Thursday by the American Civil Liberties Union of Indiana.
May said in the lawsuit that on Aug. 21, 2017, he flashed his middle finger at the state trooper after he claims he was cut off by Ames, who was pulling over another driver on U.S. Route 41.
May was issued a provocation ticket which carries a fine of up to $500 after he gave the trooper the rude gesture, which Indiana Criminal Code states is issued when a person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable person to commit battery commits provocation.
Kenneth Falk, legal director of ACLU Indiana, argued that Mays gesture toward Ames was fully protected by the First Amendment of the U.S. Constitution.
"While perhaps ill advised, Mr. May's gesture, which in no way interfered with the Master Trooper's lawful activities, was fully protected by the First Amendment," Falk told the newspaper.
(Excerpt) Read more at foxnews.com ...
In the 1968 presidential campaign,
Some guy flipped off Spiro Agnew.
He instructed his secret service detail to have him arrested.
Thr guy appealed this all the way to the supremes and they ruled that flipping off Spiro was protected free speech.
Just saying.
If you flip off another adult it is legal.
Flip off bussload of underage school kids and that may be a different story.
Since the officer did not flip a finger, neither provocation nor battery were committed. Conclusion: it's a chickenshit ticket; it should be thrown out and the officer reprimanded.
LOL. Anyone double it up and tell you that you’re number two?
“Indiana wants me, Lord I can’t go back there.”
this is like the USSC case with the jacket that said f- the draft.
I had to look that up.................Sponge Bob makes children stupid..................
Occasionally.....................
Well we certainly are glad that Police Master Trooper Matt Ames was not triggered to the point of having to draw his weapon and defend himself against the opinion of one the citizens he has sworn to protect.
Not too mention the fact most cops these days are about the most foul mouthed creatures you will encounter.
If really serious and cryptic one can alway hold thumb with little finger (or vice versa), tuck middle finger down and tell someone to ‘read between the lines’.
However, the one fingered Hawaiian Good Luck sign is more effective.
If you have the time, just run your fingers under your chin and whatever ‘comes out from under first’ must be adhered to
LOL!
Cops are out of control. They either don’t know the Constitution or they don’t care. And, of course, they believe they’re above the law. Comey is indicative of all cops. Starting at the top all the way down to the patrolman. They believe they ARE the law.
Disagree.
Flipping off a government official may be RUDE but it does not rise to the level of citation/fine.
The “you don’t have a right not to be offended” statement applies to cops as much as liberal snowflakes.
Whew! Glad you know you were joking. You had me worried for a moment there.
Stupid act - what they should do is get the plate info and put the person’s name in a database of those who aren’t worth the cops’ time and effort if they ever need assistance...
“Reasonable people do not commit battery in response to being given “the finger”.”
I’d say that the charges are then just an admission that most people who have a badge and a gun are not reasonable people.
https://www.mediaite.com/online/federal-court-rules-youre-allowed-to-flip-off-the-police/
seems courts have been consistent in this....social finger is protected...
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