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Free Speech Files: Give the Police the Finger, It’s Legal

The Colorado State Highway Patrol drops its case against Shane Boor, who gave a state trooper the middle finger.  Celebrate your free speech by doing the same.

middle finger04 Free Speech Files: Give the Police the Finger, Its Legal

There are simple pleasures in life: one of them is giving people the middle finger.

Holding aloft the middle finger has long been a favorite gesture of mine.  It cuts right through the crap, and let’s the recipient of the symbolic gesture know precisely where they stand in the transmitter’s estimation.

In all truth, I’ve always been amused and fascinated by obscene gestures. This fascination was pushed into overdrive in 4th grade when my student teacher reacted autocratically when myself and several of my friends were volleying the birdie ’round the classroom.  I also quite enjoyed (still do, in fact) the French bras d’honneur, which symbolizes nothing less than fisting.  (Add the middle finger for emphasis if you like.)

We loved it then for the quick symbolic communication of an idea: “Up yours” or “Go fuck yourself.”  And it appears that 35-year-old Colorado resident, Shane Boor, felt the same way and chose to extend the finger to the Colorado State Highway Patrol.

To be precise, Mr. Boor flipped the birdie to a trooper making a routine traffic stop in April.  Boor drove on and when he reached his destination, another officer questioned him and issued a criminal summons. (Point to consider: was it legal for this other officer to track him down?)  The ACLU took up Boor’s legal defense as an issue of free speech.

What was Boor’s motivation?  When asked why he had flipped the bird, Boor told the arresting officer “because you’re thieves and you harass people.”

Give credit to the State Patrol for admitting that the gesture is “protected free speech.”  Or as the ACLU semantically put it:

“Our client engaged in peaceful, silent symbolic expression that is protected by First Amendment…quietly expressed Mr. Boor’s disapproval of what he regarded as unjustified harassment by members of the trooper’s profession… The protection of the Constitution is not limited to speech that is acceptable in polite society… The First Amendment also protects expression that may be disrespectful, coarse or even vulgar.”

And though it might be rude to do so, this affirms that every American has the right to flip off a cop.  While we might not feel the need to flip it at every sighting of a police officer, it’s always nice to know that the ace is in the hole—literally.

  1. June 06, 2011 at 8:00 pm, Anonymous said:

    I try to salute every officer I see! Always wondered if there was any validity to them being able to pull me over for it.

    Reply

  2. June 07, 2011 at 1:00 am, Swilliamrex said:

    Well put!
    Everyone loves to yell and scream that the ACLU is this evil commie institution…until it is their turn at the meatgrinder of Big Brother.  Considering there are REAL criminals out there on the streets, I would think the last thing an officer should be thinking is that “flipping the bird” is a felony offense. 

    Reply

    • June 07, 2011 at 4:36 pm, D. J. said:

      Well said, Swilliamrex.

      Reply

  3. June 07, 2011 at 1:12 pm, Blam said:

    Anyone who disrepects a police officer should be shot on site! We need to worship the state and enforcers of it’s authority! That’s what America is about, subordinating the individual to the arbitrary power of the state!

    Reply

    • June 07, 2011 at 5:53 pm, Ramidus said:

      shot on SIGHT.. not site.. 

      Reply

      • June 24, 2011 at 10:30 pm, Anonymous said:

        That actually might be the most correct part of Blam’s comment.

        Reply

  4. June 25, 2011 at 4:56 am, dumm_foundd said:

    A-h-h-h…the FreeBird. Classic moment in “Easy Rider”, except the attendant riposte was a bit of a downer, eh?  Boo-yah! to this guy with impressive brass kah-hoe-nayz. These days, I feel the exact same way. I see these goon squad cruz’in by, donut specks clinging to the ubiquitous mustaches and I always flip ‘em da bird (where they can’t possibly see it, but it’s flying there, nonetheless!
    Both my grandfathers were police “officers, serving/protecting “society” and their fellow citizens with courtesy and respect, in a much simpler, decent (& face it) by-gone era. Today’s elite are Goose-stepping to a town near you!
    P.S. I  b-e-l-i-e-v-e  Blam-a-lam was just being facetious…But, what do I know?
           But seriously…Shot on “S-I-T-E”. Where’d you get your G.E.D dude?

    Reply

    • June 25, 2011 at 5:02 am, dumm_foundd said:

      Damn! I should talk! “Got spell-check”… I’ve me own fair-share of typos.
      My apologies, says Pot to Kettle Negro

      Reply

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