Digitus Impudicus: is flipping the bird illegal?
I recently read a federal appeals court ruling that says cops can't stop people for merely giving them the finger. That would make Roger Roots, author of Are Cops Constitutional, proud. The case begins in May of 2006, when a man and his wife were visiting their daughter in Johnsonville, NY and came across a police cruiser running radar. Demonstrating his displeasure, John Swartz flipped-off the cop as the couple drove past. Piqued by this insulting gesture, officer Richard Insogna took off after the offending motorists. Long story short, he arrested Mr. Swartz for disorderly conduct. While that charge was eventually dropped, there were several court appearances, legal expenses and inconveniences associated with the charges. Swartz filed suit in district court seeking damages for illegal seizure, a disorderly conduct arrest and an alleged malicious prosecution, but his lawsuit was dismissed on grounds that cops are protected from civil actions based on qualified immunity. ...