Posted on 03/18/2019 9:29:59 AM PDT by Sub-Driver
A Raised Middle Finger Is Protected Free Speech, Appeals Court Rules
By Jacey Fortin
March 18, 2019
A raised middle finger is a form of free speech, a court has ruled, allowing a lawsuit by a driver who made the vulgar gesture at a police officer.
The decision came from the United States Court of Appeals for the Sixth Circuit last week, but it started with a spirited exchange in June 2017, when a woman gave the middle-finger salute to a police officer who had just written her a ticket.
The woman, Debra L. Cruise-Gulyas, had been driving over the speed limit in Taylor, Mich. At first, there was a small mercy, according to the opinion written by Judge Jeffrey S. Sutton for a panel of three judges: The officer, Matthew W. Minard, wrote her a ticket for a non-moving violation, which is less serious than a typical speeding ticket.
Ms. Cruise-Gulyas was driving away when, “apparently ungrateful for the reduction, she made an all-too-familiar gesture at Minard with her hand and without four of her fingers showing,” the opinion added. “That did not make Minard happy.”
So he pulled her over again, the opinion said, and changed the ticket to reflect the more serious violation of speeding.
Those were two separate traffic stops — a key point in this case. The judges found that the first stop was justified because Ms. Cruise-Gulyas had committed an infraction. But they added that “any authority to seize her in connection with that infraction ended when the first stop concluded,” meaning that the second stop, apparently in response to nothing more than a vulgar gesture, was not justified.
(Excerpt) Read more at nytimes.com ...
This has been a settled issue for many decades. Cops just need to ignore this stuff. Anything short of an assault or a threat of assault is protected speech.
Good. It’s the universal bad driving symbol.
So, that would include racist, islamophobe, fascist, privilaged white male, etc?
.
Obama did it all the time, he thought he was being sly the way he did it.
That’s the point where things like this happen:
Vermont man crushes seven police vehicles with family tractor
I never understood using the longest finger. A better insult would be the pinky.
If I’m close enough, you may end up with a sprained or broken middle finger. “Yes, officer, I did bend it, but I was in fear of him poking my eye with it!”
So next time....after the bird pull her over to ask if she is ok, “I saw you signal me.” Half hour later, “Everything checks out, have a good day.”
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