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U.S. Constitution
See other U.S. Constitution Articles

Title: Giving Middle Finger to Police Is a First Amendment Right
Source: Newsweek
URL Source: http://www.newsweek.com/middle-fing ... &utm_content=/rss/yahoous/news
Published: Feb 6, 2018
Author: Jason Silverstein
Post Date: 2018-02-06 16:39:09 by Hondo68
Keywords: constitutional right to, flip off Master Trooper, ticket for provocation
Views: 1948
Comments: 21

Giving Middle Finger to Police Is a First Amendment Right, Man Argues in Lawsuit Over Ticket

He says flipping the bird means being free.

An Indiana man argues in a federal lawsuit filed last week that he had a First Amendment right to give the middle finger to a state trooper, and that his free speech was violated when the gesture earned him a ticket.

The defendant, Mark May, is seeking unspecified damages from Indiana State Police Master Trooper Matt Ames.

According to a complaint filed Thursday, Ames “aggressively cut in front” May at a state road intersection in Terre Haute in August 2017. May realized Ames was pursuing another motorist, but he was annoyed because he thought the chase was “not a wise use of police resources” and because he felt the state trooper pulled a move that would have got another motorist ticketed.

So when May passed Ames on the road, he gave him the finger.

Gavel
Alan Crowhurst/Getty

Ames, in turn, pulled May over and gave him a ticket for provocation, an offense that could lead to a fine up to $500. Ames was “quite angry and loud” when he handed down the punishment and May “was concerned about the Master Trooper’s demeanor,” the complaint says.

May was later found guilty of the provocation offense, though the Vigo County Superior Court voided the judgment when he challenged it . The lawsuit says May, a self-employed carpet cleaner, “lost income” as a result of the two court appearances he had to make.

May contends that he had every constitutional right to flip off the trooper, and caused no harm.

“While perhaps ill advised, Mr. May’s gesture, which in no way interfered with the Master Trooper’s lawful activities, was fully protected by the First Amendment,” the complaint says. It also accuses Ames of violating May’s Fourth Amendment rights with an unreasonable traffic stop.

The ACLU of Indiana filed the suit on behalf on May. The Indiana State Police has not commented.


Poster Comment:

Americans giving government officials the finger predates the Revolutionary War. The founding fathers did it frequently.

It's a grand old American tradition.(1 image)

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Begin Trace Mode for Comment # 4.

#1. To: hondo68 (#0)

Americans giving government officials the finger predates the Revolutionary War. The founding fathers did it frequently.

Was the finger really that big in colonial New England? I don't recall reading about this.

Tooconservative  posted on  2018-02-06   16:48:28 ET  Reply   Untrace   Trace   Private Reply  


#2. To: Tooconservative (#1)

I don't recall reading about this.

You're not going to find it in the Weakly Standard, that's for sure.

Hondo68  posted on  2018-02-06   17:07:44 ET  Reply   Untrace   Trace   Private Reply  


#3. To: hondo68 (#2)

I think you're making it up. Can you name any record of a Founder flipping the bird at a Redcoat or even the governor's wife?

Tooconservative  posted on  2018-02-06   17:09:59 ET  Reply   Untrace   Trace   Private Reply  


#4. To: Tooconservative, DOI, giving King George the finger (#3)

I think you're making it up. Can you name any record of a Founder

Not literally flipping the bird, but the Declaration Of Independence gives a good example of the founding fathers opinion of government officials job approval rating. It's the equivalent of giving King George the finger, IMO.

Hondo68  posted on  2018-02-06   17:34:28 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 4.

#5. To: hondo68 (#4)

Not literally flipping the bird, but the Declaration Of Independence gives a good example of the founding fathers opinion of government officials job approval rating. It's the equivalent of giving King George the finger, IMO.

Clearly, you don't understand the purpose of the Declaration at all. Or why the American revolution was the most important revolution in all of history.

Tooconservative  posted on  2018-02-06 18:29:04 ET  Reply   Untrace   Trace   Private Reply  


#8. To: hondo68, Tooconservative (#4)

Not literally flipping the bird...

Ok. So it WAS bullsh*t.

Thanks.

Liberator  posted on  2018-02-09 12:39:24 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 4.

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