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'Bama battle over gesture not over yet
upi.com ^ | 08/18/07 | UPI

Posted on 08/18/2007 3:04:31 PM PDT by TornadoAlley3

MOBILE, Ala., Aug. 18 (UPI) -- The city of Mobile, Ala., is contesting a judge’s $3,000 award to a man arrested for flipping off a cop who later sued the city.

The favorable decision for Addison DeBoi, 56, of Mobile, which was rendered by District Judge Michael McMaken, was the subject of an Aug. 7 Fox News Channel talk show segment titled “Is it legal?” during which host Bill O’Reilly labeled the judge a "pinhead," the Mobile Press-Register said.

The judge, in making the award, wrote that legal precedent holds that police officers should have a “thicker skin” than someone in the general public when it comes to disrespect and insults.

DeBoi had accused the cop of embellishing the facts of his one-finger salute offense in order to further the prosecution’s case.

The city's attorney has denied McMaken is a pinhead and contended there were other issues about the case warranting a new trial.


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Alabama
KEYWORDS: alabama; battle; donutwatch; finger; firstamendment; freespeech; gesture; govwatch; judiciary; lawsuit
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1 posted on 08/18/2007 3:04:33 PM PDT by TornadoAlley3
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To: TornadoAlley3

I know McMaken...he’s not a pinhead....fwiw


2 posted on 08/18/2007 3:06:11 PM PDT by chasio649
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To: TornadoAlley3

I thought SCOTUS ruled on this a long time ago...and cops lost that one.

Now I’ll spend the rest of my life trying to find it...


3 posted on 08/18/2007 3:10:09 PM PDT by stylin19a (Go Bears !)
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To: TornadoAlley3

Wow...first time i have known ANYONE personally that O’Reilly has attacked....i didn’t know this was Mike’s case...hmmm...really wakes me up to what kind of dill hole O’Reilly is...Mike is a fine, humble fellow...conservative but very fair...pretty smart cookie too.


4 posted on 08/18/2007 3:12:49 PM PDT by chasio649
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Comment #5 Removed by Moderator

To: chasio649

I think BOR is a pinhead.


6 posted on 08/18/2007 3:14:01 PM PDT by lesser_satan (Fred Thompson '08)
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To: TornadoAlley3
Bill O’Reilly labeled the judge a "pinhead,"

More riveting in depth analysis from the former host of "Inside Edition."

7 posted on 08/18/2007 3:14:17 PM PDT by USNBandit (sarcasm engaged at all times)
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To: TornadoAlley3

It seems that during one nasty campaign event during Spiro Agnews running for V.P.,
A youth flipped off old Spiro had the wag arrested by a secret service cop.
Youth pursued cast to supreme court. Ruled free speach.


8 posted on 08/18/2007 3:23:45 PM PDT by Joe Boucher (An enemy of Islam)
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To: stylin19a

There are several cases to that effect, including one where a guy was arrested for calling a cop a “F#&king Pig”. The guy won his lawsuit in federal court. With some cops, aside from insulting pigs, the guy was only speaking the truth.

The judge got this one right.


9 posted on 08/18/2007 3:43:47 PM PDT by SeaHawkFan
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To: TornadoAlley3

Mobile is getting more and more like New Orleans. The last couple of years several runners from this area that compete in 5 and 10K runs in Mobile have been mugged when they return to their cars by diverse individuals. For that reason, many here that compete have eliminated the Mobile runs from their schedule. The runners also state that the police are not helpful at all when they get mugged there.


10 posted on 08/18/2007 3:54:08 PM PDT by vetvetdoug
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To: SeaHawkFan

that’s the one I’m thinking of !
I thought I was going goofy

thanks


11 posted on 08/18/2007 3:55:02 PM PDT by stylin19a (Go Bears !)
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To: chasio649
really wakes me up to what kind of dill hole O’Reilly is

Although I generally agree with O’Reilly, he greatly devalues his own credibility by shooting from the hip when he does not know the true facts in a story.

He really is quite irritating at times. When he goes into his a-hole mode, I just switch channels.

12 posted on 08/18/2007 4:14:42 PM PDT by vox humana
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To: Joe Boucher

There was a famous photo of Nelson Rockefeller flipping off a photographer.


13 posted on 08/18/2007 5:04:07 PM PDT by PAR35
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To: PAR35
Easy enough to find and hopefully won't get me "black listed".

He then went off and died in the saddle! The only way to go!

14 posted on 08/18/2007 5:28:23 PM PDT by jws3sticks (Hillary can take a very long walk on a very short pier, anytime, and the sooner the better!)
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To: TornadoAlley3

“The judge, in making the award, wrote that legal precedent holds that police officers should have a “thicker skin” than someone in the general public when it comes to disrespect and insults”

Purely anecdotal but in my experience they used to be much thicker skinned than now. However a cop can never let ride any challenge to his authority. Sad that many don’t seem to know the difference today.


15 posted on 08/18/2007 6:30:26 PM PDT by TalBlack
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To: jws3sticks

THAT picture was on the front page of Newsday the day after it happened.


16 posted on 08/18/2007 6:31:44 PM PDT by TalBlack
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To: jws3sticks

That’s the convention I remembered. I never was a Rockefeller fan, but after that picture, I had more respect for him.


17 posted on 08/18/2007 6:48:46 PM PDT by PAR35
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To: TornadoAlley3
SOMEONE HELP ME OUT HERE.

I'm in agreement with the Judge on this one. Forgive my ignorance, but, is it against the law to "flip off" someone; not just a cop but anyone? I'm asking because I really don't know. I would think not. If not, then why was he arrested; just because the guy was a cop?

18 posted on 08/18/2007 8:10:46 PM PDT by no dems (Dear God, how long are you going to let Ted Kennedy, Robert Byrd, John Murtha and John Conyers live?)
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To: no dems

Would flipping off someone be the same of cussing someone out? I think the latter IS against the law.


19 posted on 08/18/2007 8:11:25 PM PDT by no dems (Dear God, how long are you going to let Ted Kennedy, Robert Byrd, John Murtha and John Conyers live?)
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To: PAR35

Old Nellie the original RINO.


20 posted on 08/19/2007 4:15:14 AM PDT by Joe Boucher (An enemy of Islam)
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