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OK to Give Cops a Singlefinger Salute!

07 01 13 - 20:30

Three CHEERS for Lady Justice!!!

In our humble opinion, the US 2nd Circuit Court of Appeals correctly upheld a basic tenant of Free Speech this week, the revered right to express ourselves. Now it's legally OK to express our disdain for the action(s) of a police officer via a simple, non-threatening, age-old hand gesture.

In 2006, John & Judy Schwartz were pulled over, detained, & John was subsequently arrested for disorderly conduct, merely for giving a radar-toting cop the bird. The New York couple weren't speeding, nor did they break any traffic laws, John was just calmly sitting in the passenger seat of his wife's car & "saluted" officer Richard Insogna as they passed him by.

After they had arrived at their destination & exited the car, a Saint Johnsville, NY squad car pulled up with the lights flashing. Officer Insogna immediately ordered the Schwartzes back into their vehicle, told the couple it was a traffic stop, & called for backup. After Insogna told the couple they were free to go, John tried to speak to the officer to tell him he "felt like an ass", upon which he was arrested by one of the backup officers.

In the decision, Judge JON O. NEWMAN, of the 2nd US Circuit Court of Appeals wrote" "This ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity. Surely no passenger planning some wrongful conduct toward another occupant of an automobile would call attention to himself by giving the finger to a police officer."

Schwartz's lawsuit for malicious prosecution, which seeks unspecified damages from the St. Johnsville Police, is to be litigated separately.

Fly that BIRD proudly America!!!