Pa. Man Sues Trooper Over 'Finger' Ticket

NY Times ^ | February 4, 2005 | NA

[Badray]

You presumably believe in law and order. Then why are you so dismissive of those selected by society to enforce that law and order?

They aren't selected, they volunteer for the job.

Including your own protection in circumstances.

The Supreme Court has ruled that they have no obligation to protect me, only 'society' as a whole and that usually entails arrest after the crime and not putting themselves between me and the bad guy.

They are entitled to the same standards of dignity and respect as any of us - and even more so because, yes, they put their lives on the line day after day.

Granted, but each of us are subject to rude people everyday. It isn't a crime to be disrespecful. Do you want George Bush and Bill Clinton to be exempted by law from name calling 'to protect them' from insults? Are you ever rude to convenience store clerks? I think that more of them are killed each year than police officers.

You cannot expect youth to respect parents and teachers when an o.k. is given to casually and deliberately show disrespect to law enforcement persons through obscene gestures.

Teach 'em, yeah. Enforce it by penalty of law? NO! Law enforcement also needs to know that the public they work for also deserves respect.

One reason for statutory restrictions on freedom of speech - and symbols thereof such as gestures - is that some words and associated symbols constitute, under law, "fighting words." Like some punk giving the finger to your wife right in front of you.

Are you suggesting that it's illegal for a punk to give my wife the finger? Stupid maybe, but not illegal. I may react to that as a private citizen and my reaction may or may not be wise or legal. But why should a cop or politician be off limits to expressions or anger or derision? Why should a cop be allowed to bring the weight of the justice system down on you for a personal remark?

If you look at this as only free speech, then that's your problem.

My problem is the pols, the police, and judges violating and ignoring the rights of 'we the people'. We are the sovereign. We delegate authority to them. If I can't write you a ticket for flipping me off, why should they be able to. Have you forgotten who's boss?

[Conservative Goddess]

I agree with you Badray.....

If burning a flag is protected "speech," the flipping the bird is also protected speech.

The caselaw in the area of the duty owed by a policeman to the public at large is quite clear: The police owe you no duty of protection UNLESS they've undertaken a special type of relationship with you, like entering you into the witness protection program, etc. Common, everyday taxpayers, absent that special relationship, cannot sue when the police department fails to protect from rape, robbery, murder, etc.

There should be a chicken in every pot and a Kimber in every kitchen.....that's the only way to protect yourself.

[Badray]

If burning a flag is protected "speech," the flipping the bird is also protected speech.

And both should remain so. I would argue that it won't be long from outlawing flag burning til it's illegal to talk bad about politicians. Oh, it already is since passage of McCain Feingold Camfpaign Finance Reform.

There should be a chicken in every pot and a Kimber in every kitchen.....that's the only way to protect yourself.

How about a H&K on the hip or a Colt in the car? LOL