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.
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: Tooconservative To: hondo68 (#0)
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 Reply Private Reply
#2: Hondo68 To: Tooconservative (#1)
You're not going to find it in the Weakly Standard, that's for sure.
Hondo68 posted on 2018-02-06 17:07:44 Reply Private Reply
#3: Tooconservative To: hondo68 (#2)
Tooconservative posted on 2018-02-06 17:09:59 Reply Private Reply
#4: Hondo68 To: Tooconservative, DOI, giving King George the finger (#3)
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 Reply Private Reply
#5: Tooconservative To: hondo68 (#4)
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 Reply Private Reply
#6: Liberator To: hondo68 (#0)
Yes, and so is the retaliatory gesture of a beating.
Liberator posted on 2018-02-09 12:33:53 Reply Private Reply
#7: Liberator To: Tooconservative, hondo68 (#1)
Maybe because it's in the Left's revisionist "history" book, where Americans and America itself was a beddy-beddy bad, vulgar, and too-white, too-Christian nation.
According to them, many of the Founders (including Abe Lincoln) were supposedly homos. Just ask them.
Liberator posted on 2018-02-09 12:38:14 Reply Private Reply
#8: Liberator To: hondo68, Tooconservative (#4)
Ok. So it WAS bullsh*t.
Thanks.
Liberator posted on 2018-02-09 12:39:24 Reply Private Reply
#9: Liberator To: Gatlin (#0)
But will Gatlin comment about his beloved Commie ACLU's defense of their client flipping the bird to LEOs??
But...but...I thought you bled red white and blue??
Liberator posted on 2018-02-09 12:42:21 Reply Private Reply
#10: Gatlin To: Liberator (#9)
Gatlin posted on 2018-02-09 13:09:01 Reply Private Reply
#11: Liberator To: Gatlin (#10)
You don't bleed red white and blue?
Or, "no," you won't defend or comment about your beloved ACLU defending their client giving LEOs The Finger?
Liberator posted on 2018-02-09 13:30:44 Reply Private Reply
#12: Gatlin To: Liberator (#11)
If you don’t remember, your question was:
My answer is still: “No.”Now....be a good little boy, run along, and find someone else to try and provoke ...I’m busy.
Gatlin posted on 2018-02-09 15:08:43 Reply Private Reply
#13: Liberator To: Gatlin (#12)
OR, do you still support this subversively rogue, un-American org?
Thank you for your honest reply and clarification.
Liberator posted on 2018-02-09 15:11:25 Reply Private Reply
#14: Deckard To: Liberator (#6)
The cop apparently cut him off - it's a pretty reasonable gesture to give the badged "hero" the finger in that case.
Ames “aggressively cut in front” May at a state road intersection in Terre Haute in August 2017....he felt the state trooper pulled a move that would have got another motorist ticketed.
If the situation were reversed and Ames had cut off the cop car, it's quite possible that Ames would have been on the receiving end of more than just a beating.
Deckard posted on 2018-02-09 19:13:36 Reply Private Reply
#15: GrandIsland To: hondo68 (#0)
The CONVICTION on his criminal history (or "wrap-sheet" for all you dumb Paultards) should have a court disposition of.... GUILTY OF ASSHOLERY IN THE 1st DEGREE.
With this said, I'm not a big fan of the charge. Giving the finger should always be a constitutional right in a free country.
GrandIsland posted on 2018-02-09 19:38:58 Reply Private Reply
#16: Deckard To: GrandIsland, hondo68 (#15)
According to your own standards, you should be serving a life sentence.
Deckard posted on 2018-02-09 20:19:12 Reply Private Reply
#17: GrandIsland To: Deckard (#16)
GrandIsland posted on 2018-02-09 20:28:17 Reply Private Reply
#18: Deckard To: GrandIsland (#17)
You're dismissed.
Deckard posted on 2018-02-09 20:31:30 Reply Private Reply
#19: Liberator To: Gatlin (#13)
At least we know where YOU STILL STAND. You are apparently still an ACLU-SUPPORTER.
Liberator posted on 2018-02-10 12:24:59 Reply Private Reply
#20: Liberator To: Deckard (#14)
WHOMEVER it is, for WHATEVER reason, one had better be prepared to BACK IT UP.
You NEVER know what will set someone off.
Liberator posted on 2018-02-10 12:29:13 Reply Private Reply
#21: Gatlin To: Liberator (#19)
You are still itching to start an argument with me based on your false premise.
And I will continue to ignore you since I will not participate in a discussion as the result of you being unable to prove your proposition and therefore it has no form part as the basis of a logical syllogism.
Since your premise is not correct and while a valid discussion depends on whether its premise is true....we therefore have nothing to discuss.
If you feel that you are correct in your premise, then link to the post by me that resulted in your fallacy of presumption....that left you with the false dilemma that I support the ACLU.
Gatlin posted on 2018-02-10 16:30:52 Reply Private Reply