US court gives thumbs up to middle finger

IOL ^ | October 17 2003 at 07:56PM | SaturdayStar

[EsclavoDeCristo]

Washington - It's OK to flip the middle finger in Texas, even if it angers a fellow driver.

The state's Third Court of Appeals ruled recently that the "bird" signal was not an "immediate breach of the peace", as had been found in a lower court, the Houston Chronicle reported this week.

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 a breach of peace.

Coggin, an electrical engineer, was fined $250 (about R1 750). He then spent $15 000 (R105 000) 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 said.

Warming to its subject, the court also said the gesture has been referred to by "classical authors... the middle-finger jerk has survived for more than 2 000 years and is still current in many parts of the world, especially in the United States". - Sapa-DPA

[EsclavoDeCristo]

Sounds like the judges did a lot of research on this. I wonder if the prosecution flipped off the judege after the verdict...

[TopQuark]

The courts' remarks shows all the perils of the moral relativism. So what that the Romans used the gesture? They also fornicated in public; slept with their siblings; conducted orgies --- you name it. That mankind has done or have been doing something at one time is not a validation. And that is his logic: much like the infamous four-letter f-word is being defended by the fact that it's been with us since XIV century or so. Well, so was murder.

It's not even the opinion that is troubling --- it's an absolutely faulty logic that seem so natural to many people now. That is the real problem.

[Pern]

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 a breach of peace.

A LEO wannabe hiding behind the badge of authority for personal reasons.

A Loser with a Badge.

Dangerous.

[henderson field]

Pastrano should be deported. He's a subversive.

[cake_crumb]

Just...FOFLOL. I'm guilty of giving the "one fingerred salute" to a few deserving drivers too. It's less dangerous then thumbing your nose, and more easily understood than the back of the hand to the chin salute.

[sheik yerbouty]

The judiciary has validated the use of digital technology!

[metalboy]

All you Texas residents...Remember this when Hitlery visits to campaign for President, I mean hawk her book. Maybe you can build a hand that`s 10 stories high with her name under it.

[cake_crumb]

"The judiciary has validated the use of digital technology!"

I nominate this for quote of the month!

[WackyKat]

That the complainant was a county jailer stuck out at me too.
Prison guards are the @nus of LE.

[luckystarmom]

One day my husband and I were driving home after visiting my mother-in-law in Las Vegas. They were doing construction on the highway, and we got stuck in a long, slow, one-lane road. This was the main highway from Las Vegas to Las Angelas, so you can imagine how crowded it was.

Well after we had waited probably 45 minutes, a driver in back of us drove off the road and around a bunch us and then he tried to merge in front of us. I was so angry that I flipped him off. I don't know why he thought he was soooo special that he could cut in front of so many people.

My husband still jokes about the incident because I am usually pretty mild-mannered. It's also not something that I am real proud about because I am a Christian and should not have been behaving like that.

[lowbridge]

Hey, Judge!

‹^› ‹(•¿•)› ‹^›

[cake_crumb]

I'm fairly mild mannered...well, ok...I'm POLITE. I really cannot stand it when I'm on the way to an appointment and get stuck behind some idiot driving 20 miles per hour down the middle of a winding road with few spots to pass doesn't have the grace to stay on his own side so I can pass if possible. It happens every time.

[RockDoc]

"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 a breach of peace.

Coggin, an electrical engineer, was fined $250 (about R1 750). He then spent $15 000 (R105 000) appealing the decision."

Pastrano (and his lawyer) should have been fined $100,000 for filing such a stupid lawuit.

[RockDoc]

LOL

[Servant of the 9]

I think this is a pretty direct contradiction of the "Fighting Words" doctrine and will be overturned somewhere up the line.
Otherwise, you have the bizarre situation where somwone flipping you off is not an offense, but if you then punch him out, he is responsible for starting the fight, under the Fighting Words Doctrine.

SO9

[marsh2]

One of our County Supervisors talked in open session about the "finger." He said that when William the Conqueror came over to England from France, he challenged the Saxon's by telling them that he would cut off the hand of anyone who would lift a bow against him. At the end of a battle, Saxon archers gave William the defiant "finger" to demonstrate that their bow string fingers were still intact.

[WackyKat]

Pastrano (and his lawyer) should have been fined $100,000 for filing such a stupid lawsuit.

He didn't file a lawsuit; he filed a police complaint and the cops arrested the defendant.

[steplock]

The Feds had best keep their noses out of states rights if they know what is good for them! Especially when it comes to courtesy, manners, etc -- things these judges have no idea what they mean.

[Tom D.]

How many of my tax dollars went to process this case, try this case, process this appeal, and hear this appeal? All because some dumb a$$ wants to show the world that no one has the right to reprove him for his sorry driving. I cannot believe that any magistrate would issue criminal process or that any trial judge would let this come to trial.

If giving someone the finger is a criminal offense, then 90% of the population is subject to imprisonment every month.

Remember, it has already been established that in some parts of this country it is not only permissable to display a crucifix in a bottle of urine, but taxpayers can be forced to fund such crap.

[steplock]

Pardon me, it was a STATE court this time! Must have been a flamin' liberal Ma Richards appointee!

Same differences as a fed judge!