Posted on 03/14/2006 11:29:25 AM PST by Millee
A motorist believes the constitutional right to free speech includes obscene hand gestures.
Thomas Burns, of New Castle, contends he was denied his First Amendment free speech rights when he was cited for giving an obscene hand gesture to a construction worker in April, according to a federal lawsuit filed Monday in Pittsburgh.
Burns had become frustrated with a traffic delay and showed the gesture at a construction worker. The worker reported it to a police officer, who cited Burns for disorderly conduct, according to the lawsuit.
The citation was dropped, but Burns filed a lawsuit because he believes he was maliciously prosecuted.
The "finger gesture was not accompanied by any verbal threats, taunting or communication and was never visible to anyone other than the workers," the lawsuit states. "The gesture, albeit insulting, had no sexual meaning, did not appeal to anyone's prurient interest, and did not create a public disturbance or breach of peace."
The chief of the police department that cited Burns _ in Center Township, Beaver County _ declined comment Tuesday, saying he hadn't had a chance to discuss the case with the department's attorney.
In recent years, Pennsylvania courts have ruled that the gesture doesn't automatically constitute disorderly conduct, because it is not "obscene" as defined by the law, unless it is used in a clearly sexual context.
Construction worker should have asked him to step out of the car. Let him see how free speech really is.
Burgh.
Did everyone survive FR being down all morning???
Feeling better now? You can stop taking those deep, cleansing breaths!
Not me. I'm dead.
I like the vid clip of Gov. George Bush giving the finger to the camera. PS - I didn't know you could give 'the bird' in a sexual manner? Maybe if you change the orientation and rotate.....nevermind, carrying it waaay too far.
Perhaps I'm a bit too attached to this site.
Niope, we all ended up in Intensive Care.
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Thanx for the heads-up, Slimmvs!
That's the most work that PennDOT worker did all day, too.
No - No - No - it was horrible and I hope I never have to go through that again!
LOL! When FR goes down, and we all panic, it should serve as a reminder to us how important this place is to us and how important FReepathons are and that we should give to support our habit!
Stalin and The New World Order/Communist/MSM think Free Speech is an Obscene Gesture.............. GET READY!
'The Founders' are DEAD................................ it's time for some of us to kick some *ss........... or this country is cooked!
Let me settle down................... it's time for us to rebel.
thanks it is up
ditto
Isn't that the truth.
I took sign language classes in Center Twp. I suppose I am lucky we didn't get raided.
It's a finger, what does it mean? Someone shows me one of their fingers and I'm supposed to feel bad. Is that the way it's supposed to work?
I mean, you could just give someone the toe, really, couldn't you? I would feel worse if I got the toe, than if I got the finger. 'Cause it's not easy to give someone the toe, you've gotta get the shoe off, the sock off and drive, get it up and uh look at that toe, buddy.
I mean, that's really insulting to get the toe, isn't it ?
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