| Giving the middle finger to police, while rude and crude, is indeed constitutionally protected free speech, a federal appeals court reaffirmed this week.
In a judgment from the US Court of Appeals for the Sixth Circuit, three judges unanimously said that Debra Cruise-Gulyas was well within her first amendment rights when she flipped the bird at Michigan police officer Matthew Minard during a June 2017 traffic stop. "Fits of rudeness or lack of gratitude may violate the Golden Rule," Judge Jeffrey Sutton wrote in the Wednesday ruling. "But that doesn’t make them illegal or for that matter punishable or for that matter grounds for a seizure." Minard had pulled Cruise-Gulyas over for speeding, but initially decided to be lenient and issue her a ticket for the lesser offense of what's known as a non-moving violation. Though as she drove away, still obviously a little pissed, Cruise-Gulyas "made an all-too-familiar gesture at Minard with her hand and without four of her fingers showing," the court wrote, coyly. This prompted Minard to pull Cruise-Gulyas over once more less than 100 yards away and change the ticket to the more serious offense of a speeding violation. The woman subsequently sued Minard, saying he had no right to stop her in response to her sticking up her middle finger, and the three federal judges agreed "because Cruise-Gulyas did not break any law that would justify the second stop and at most was exercising her free speech rights." The federal court said it is well settled law that flipping the bird was protected speech. "Minard should have known better here," the judge wrote. The decision means Cruise-Gulyas' lawsuit against Minard can proceed back in the lower court. |
A Woman Flipped Off A Cop And A [federal appeals] Court Sided With Her
| Source: | Buzzfeed |
| Published: | Mar 16, 2019 |
| Author: | David Mack |
| Post Date: | 2019-03-17 09:54:05 by Tooconservative |
| Views: | 2407 |
#1: misterwhite To: Tooconservative (#0)
Society should be grateful I'm not a cop.
misterwhite posted on 2019-03-17 09:59:17 Reply Private Reply
#2: A K A Stone To: misterwhite (#1)
True.
A K A Stone posted on 2019-03-17 10:04:02 Reply Private Reply
#3: Tooconservative To: misterwhite (#1)
Meh. The particulars of the case weren't that interesting.
I was more interested that a federal court of appeals had affirmed the right to flip off a cop as a protected exercise of First Amendment rights. Precedent has been set, at least for now.
Tooconservative posted on 2019-03-17 10:17:18 Reply Private Reply
#4: misterwhite To: Tooconservative (#3)
But in this particular case, the cop should be allowed to amend the ticket to reflect the more serious infraction. Certainly if she gave him the finger before the ticket was issued, that's what would have happened.
misterwhite posted on 2019-03-17 10:43:13 Reply Private Reply
#5: Hank Rearden To: misterwhite (#1)
Can't argue with that.
Hank Rearden posted on 2019-03-17 13:23:50 Reply Private Reply
#6: buckeroo To: misterwhite (#1)
No authorized and lawful societal police department in America would have you. Why in the world should anyone be grateful to you?
buckeroo posted on 2019-03-17 13:59:20 Reply Private Reply
#7: Deckard To: buckeroo (#6)
whitey would be a "voice of reason" compared to psycho cops like GI.
Deckard posted on 2019-03-17 16:17:52 Reply Private Reply
#8: Gatlin To: buckeroo, misterwhite (#6)
I know that scientific laws are rules of what (probably) is.
As I also know that societal laws are rules of what (probably) should be.
Furthermore, I know that one seeks to describe behavior while the other seek so shape it.
Knowing all of this as I do and since I have never heard of any such police departments in America – and neither has anyone else here – Perhaps you should explain for everyone what “authorized and lawful societal police departments in America” are and how they operate. This could be of great interest.
Can you, please, explain …
I guess I have a question in this somewhere.
Oh, yea …
The question is: Since there are no such things as “authorized and lawful societal police department in America” – Then why do you bother to say to misterwhite that none would have him?
Can you also please explain this …
Gatlin posted on 2019-03-17 16:41:01 Reply Private Reply
#9: Hondo68 To: Gatlin (#8)
Hut, hut.
Hondo68 posted on 2019-03-17 16:48:17 Reply Private Reply
#10: Deckard To: hondo68 (#9)
After reading his long history of cheering the police state and defending badged criminals, it's pretty obvious that "flipping" them off is not what Tater does.
Deckard posted on 2019-03-17 21:13:04 Reply Private Reply
#11: Gatlin To: Deckard (#10)
I have never shown a Digitus Impudicus to anyone and I never will.
Gatlin posted on 2019-03-17 22:50:02 Reply Private Reply
#12: Deckard To: Gatlin, hondo68 (#11)
Man...you really are dense.
"Sonny Boy, I am dignified, cultural and refined.
Your posting style and history proves otherwise.
Deckard posted on 2019-03-17 23:18:43 Reply Private Reply