In a decision that may make law enforcement officers cringe with disgust, a U.S Appeals Court judge has recently ruled that a federal judge made an enormous error by dismissing a civil rights lawsuit - filed against police in Montgomery County, New York - by a Saint Johnsville, New York man, who claims he was wrongfully arrested after "flipping the bird" to a cop in May 2006.
The Second Circuit U.S. Court Of Appeals says "the ancient gesture of insult" was not enough for police to stop the vehicle, in which a 62-year old man was a passenger, in a car being driven by his then fiance - (now his wife) - as the couple drove passed a radar speed trap.
With lights flashing and siren sounding, a Saint Johnsville officer pursued and stopped the vehicle. A confrontation ensued with the man being booked for disorderly conduct. A Montgomery Sheriff's deputy assisted the Johnsville policeman at the scene. Both cops were named as defendants in a lawsuit. But the two officers insisted the man used foul language and became unruly. The judge, however, said the stop "was not lawful."
In March 2009, a federal judge in Pennsylvania ruled an individual cannot be cited for flashing a middle finger at a police officer. A U.S. District Court judge said a police sergeant in Pittsburgh violated the constitutional rights of a man when the officer issued him a citation in 2006 for "flipping him off."
And in August 2011, an Edison, New Jersey man - as he left a bar in the West Village of Manhattan - "gave the finger" to four New York City policemen. One of the officers approached the man and asked for an explanation. "Because I don't like cops," the man reportedly said. He was subsequently handcuffed, arrested and held in jail for two hours before being released and given a summons for disorderly conduct. But in July 2012, the man filed a lawsuit against the New York City Police Department. That suit is still pending.
The United States Supreme Court has consistently ruled that "giving someone the finger" - even a police officer - is a form of freedom of speech and is protected by the 1st Amendment to the U.S. Constitution.
So I ask the question again - is it legally okay to "give the finger" to a police officer? Yeah, it's not against the law. But is it okay? Of course it's not. It's not okay to gesture a profanity, as it's not acceptable behavior to verbalize a profanity - whether it be towards a policeman or anybody else.
A law enforcement officer cannot arrest a person in this country for "sticking the finger" to him - any more than he can arrest an individual for calling him a nasty name.
Profanity of any kind is vulgar and disrespectful. But...a person has a perfect right - under the law - to spew such venomous words.
There are policemen - as there are other people - who can be jerks at times. But - for the most part - police officers are helpful, beneficial and invaluable to citizens in every city and town across America. And when you need one - it's good that a cop is nearby.
The Edison, New Jersey man - walking in New York City - had no beef with the four men in blue with the NYPD badges. The cops were minding their own business - just doing their jobs - and apparently did nothing to spark the man's crude criticism. There was no reason for the man to use his middle finger as he did. The man says he did so solely because he "expressed his dislike and distrust for police officers."
Can you "flip the finger" to a cop - and even cuss him out? Yeah, you can. The founding fathers gave us that right with the Constitution of our land.
But just as some cops can be jerks - so can regular everyday people. All of the individuals I have referenced in this essay had no genuinely good reason to perform such an obscene and disturbing gesture. Quite frankly, they were just being stupid. But a demonstration of stupidity - at least in the case of profanity - is not illegal. And although it may be rude, insulting, impolite and simply out of line - thank God - that at least in the United States of America - we have that right.
And that's The Controversy for today.
I'm Gary B. Duglin.
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I agree.
ReplyDeleteThis issues raised are legal, not moral. That said, in the more recent case it seems the disorderly person charge was for behavior after the gesture. There, the legal issue was whether the initial gesture consituted reason enough to stop the vehicle - an issue of, in essence, profiling ("are people who exhibit 'x' characteristic more likely to be involved in a crime"). Tricky. As parallel, I see youth routinely shouting the f-word and accosting/harrassing folks on the sidewalk in my town ... and I would not object if poilice officers paid more attention to those (innappropriate/rude/trouble-causing) teens, because they ARE more likely to be causing trouble. The question becomes: How much more attention and to what extent.
You are incorrect about profanity. You need to look fighting words. These are the words that you can be arrested for under the disorderly conduct laws. Here's a link for to get started on. I think you will find you have somewhat mislead your readers and some can find themselves in trouble with the law based on your commentary here.
ReplyDeletehttp://en.wikipedia.org/wiki/Chaplinsky_v._New_Hampshire
First off...I appreciate you reading a commentary in my archives as I wrote this particular piece last January. However, I have not misled my readers. As noted in my column, a federal court judge has ruled that giving "the finger" (the middle finger) to a police officer is not grounds for arrest. Furthermore, as noted in my commentary, the United States Supreme Court has consistently ruled that "giving someone the finger" - even a police officer - is a form of freedom of speech and is protected by the 1st Amendment to the United States Constitution. That being said...although it's legal to "flip the bird" to a cop...and by doing so can't put a person in jail...it's still not the smartest thing to do...and I don't suggest it. GBD
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