Giving the bird is protected free speech.
“...the middle finger’s “nearly universal recognition” as an insult made it unreasonable for an officer to interpret it as a distress signal.”
On the other hand, I would consider anybody that flipped off an officer to have a screw loose and be a danger to himself and society. It’s a signal that the flipper has flipped out.
Yeah, the Vermont State Stazi lost their sense of humor long ago.
When I was a teen ager we flipped of a Highway Patrolman.
He turned around and pulled us over. He thought we were giving him the Peace Symbol, and told us that it meant ‘Peace Pig’.
In any event he said if we did it again he’d break our thumbs and we believed him.
Any lawyers contradicting what I said.
“ Of all the types of speech guarded by the First Amendment, criticism of government officials is among the most strictly protected…”
Except if you are Donald Trump or one of his supporters. What was celebrated as “civil disobedience” during the Civil Rights marches is now prosecuted as “insurrection.”.
As far as the middle finger goes, it’s called an “obscene” gesture for a reason. I don’t think the First Amendment was originally understood to cover such conduct. Granted, the article cites courts having ruled the opposite way a couple hundred years later. But I think this is modern judicial activism. You know, the police are hired by the public and they represent the law. I am all for free speech criticizing them and there are plenty of ways to do that without recognizing a constitutional right to obscene gestures.
A friend doing that led to me missing Woodstock.
This cop has an ego. His job is to enforce the law, not go around telling people how to or not to behave.
When I was 15, I got busted for doing 65 or so in a 40 mph zone on a KDX 200. No helmet, illegal tires, etc.
Cullimated into about 11 tickets.
Motorcycle cop got me. Called him a dickhead after he told me to go straight home. He just laughed.
Lost my hardship license and did community service in teen court.
I was young and dumb.
I saw a video the other day wherein the citizen was awarded 50,000 dollars after the Delaware state police tore up his protest sign then busted him for flipping them off.
Hopefully Vermont suffers a worse fate.
“”a Vermont state trooper arresting a man on disorderly conduct charges for the First Amendment–protected activity of flipping him off.””
.
We certainly know that the arrested man was only exercising the First Amendment and because of that, probably a US citizen.
A wetback would use a one pound rock from behind to make his point.
We could ask the cop which one they preferred...
.
...I hate when it does that.
He was Kidnapped at Gunpoint and held for ransom by a gang banger in a Magic Blue Costume, he was NOT arrested.
This guy has been flipping this cop off and pissing this cop off since 2018. The cop is sill wrong. Way, way wrong.