Posted on 10/17/2003 6:40:58 AM PDT by dead
A Texas court has ruled that the use of the middle finger does not constitute a breach of peace, even when used in anger.
The state's third Court of Appeals ruled recently that the signal was not an "immediate breach of the peace", as had been found in a lower court, The Houston Chronicle reported today.
The case involved Robert Lee Coggin, an impatient Austin driver who tailgated another driver until he pulled into the slower lane.
Coggin pulled around to pass and allegedly gestured with his "impudent finger", court documents said.
The slower driver, John Pastrano, a county jailer, promptly filed a complaint with police, who hauled Coggin into court for making an offensive gesture that constituted inciting a breach of peace.
Coggin, an electrical engineer, was fined $US250 ($A364). He then spent $US15,000 ($A21,865) appealing the decision.
In its decision that revoked the fine, the Appeals Court recalled that the gesture was time-honoured enough to merit a Latin name.
"The middle-finger jerk was so popular among the Romans that they even gave a special name to the middle digit, calling it the impudent finger: digitus impudicus," the court was quoted as saying by the Chronicle.
Warming to its subject, the court also said the gesture has been referred to by "classical authors. ... The middle-finger jerk has survived for over 2000 years and is still current in many parts of the world, especially in the United States."
Chief Justice Kenneth Law disagreed and wrote in a dissenting opinion that "one must ignore the reality of modern life to not recognise that many instances of 'road rage' begin in such a manner".
DPA
Coggin pulled around to pass and allegedly gestured with his "impudent finger", court documents said. The slower driver, John Pastrano, a county jailer, promptly filed a complaint with police
Homo.
Coggin, an electrical engineer, was fined $US250 ($A364). He then spent $US15,000 ($A21,865) appealing the decision.
Knucklehead.
"The middle-finger jerk was so popular among the Romans that they even gave a special name to the middle digit, calling it the impudent finger: digitus impudicus," the court was quoted as saying by the Chronicle.Interesting. The story I had heard was that the English longbowmen were so effective against the French that the latter would cut the middle finger off captured English soldiers so that they could not draw it. The English waved the finger at the French to annoy them after defeating them in battle.
One should probably assume that someone "A.R." enough to poke along at or below the speed limit in the fast lane is also the kind of person who will run snitching to the police.
-Eric
-Eric
Actually, I'd build a park at ground zero and build that at the former site of the UN building.
Everybody does that!!!!
Tailgaters should be aware of the Two Second Rule: Takes two seconds to send 5 ea 200gr jacketed hollowpoints downrange. Another two seconds to reload. Rinse. Repeat. 
Yes, anyone giving the finger from a “safe” distance is a bonafied “Homo”. This becomes apparent when said “Homo” is confronted by the “Fingered” while pulling over at a gas station.
This becomes apparent when said “Homo” is confronted by the “Fingered” while pulling over at a gas station.
He didn’t confront anybody.
He called the big strong policeman because his itty wittle feewings was hurt.
Just what we need, government enforced politeness.
Sanctimony sure sounds nice, but you don't know why someone might be speeding: coming home because there was an accident at home, taking a sick person to the hospital, mother in labor, person is on notice that if he is late for work one more time, he will lose his job and then his house, trying to get to the pharmacy before it closes ... you don't know and apparently you don't care.
Let's hope you never have a heart attack across the street from a cardiologist's convention, who can't get to you in time because jaywalking is a crime and they, like you, are all full of holier-than-thou sanctimony and would never jaywalk, and it's a long way down to the intersection, to cross at the light, and then a long way back to you. That would really be a shame, wouldn't it?
Some flippees are different than others.
I don't think we were talking speeding here, but tailgating; a very immature and dangerous act that places lives in jeopardy.
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