Flipping off cop is free speech, court says

[OC for ME]

Woman gets stopped for speeding. Cop shows mercy and gives her a ticket for a nonmoving violation. As police officer pulls away, however, woman gives him the finger – or, as a U.S. District Court puts it, “flips him the bird.”

Cop takes offense, switches on lights and siren and stops her again, ploughing into her car in the process and then, on top of that, changing the original ticket to a moving violation.

www.opn.ca6.uscourts.gov/opinions.pdf/19a0043p-06.pdf

A wee bit of insight on that pesky "clearly established" thingy. Also, what of the "ploughing" alegation? Dash-cam video?

 

[Ghost1958]

Cop is not empowered to take offense and do squat.

The woman had every right to do what she did. Or say pretty much anything she wanted to the cop short of threatening him and it is his job to TAKE it, and enforce the law equally regardless if hes offended.

 

[eye95]

The cop’s problem is that he signaled that giving her the moving violation ticket was a payback for her having flipped him off, not a consequence for her actual moving violation.

Flipping birds before the cop decides which official action to take would still be exercising free speech, but moronic. You’d have a hard time proving in court that the moving violation ticket was really for contempt of cop.

Fortunately for the victim, she waited until after the predator had officially finished his lawful business with her before she gave him the finger.

 

[Ghost1958]

I'm not sure what she was pulled over for but I'm going out on a limb and say speeding. Which now days is easy to beat if you truly were not speeding.

Newer cars have a computer. Among other things it records breaking, speed, and what time any such event occurred. Just take to a dealer and for a small fee they will hook up to the vehicle and print out that info for you.

 

[color of law]

This does not mean that she will win her 1983 suit, but it is a good indication.

 

[OC for ME]

Another $1 award by the jury. And no, legal fees/court cost are not included in the award.