A motorist believes the constitutional right to free speech includes obscene hand gestures.
Thomas Burns, of New Castle, contends he was denied his First Amendment free speech rights when he was cited for giving an obscene hand gesture to a construction worker in April, according to a federal lawsuit filed Monday in Pittsburgh.
Burns had become frustrated with a traffic delay and showed the gesture at a construction worker. The worker reported it to a police officer, who cited Burns for disorderly conduct, according to the lawsuit.
The citation was dropped, but Burns filed a lawsuit because he believes he was maliciously prosecuted.
The "finger gesture was not accompanied by any verbal threats, taunting or communication and was never visible to anyone other than the workers," the lawsuit states. "The gesture, albeit insulting, had no sexual meaning, did not appeal to anyone's prurient interest, and did not create a public disturbance or breach of peace."
The chief of the police department that cited Burns _ in Center Township, Beaver County _ declined comment Tuesday, saying he hadn't had a chance to discuss the case with the department's attorney.
In recent years, Pennsylvania courts have ruled that the gesture doesn't automatically constitute disorderly conduct, because it is not "obscene" as defined by the law, unless it is used in a clearly sexual context.
__________________ Commen Sense and Critical Thinking are an absolute joke in today's society. Yes I am talking to you!
Where I learned to drive, in Detroit, impatience and gestures were as important as tires and turn signals. My kids, who grew up in the country, are still surprised at what I become behind the wheel.
If it's illegal, then half the licensed drivers in this nation are criminals. Including me. Hey, if a moron does something stupid on the road, you betcha the ol' Dawg will let him know it - vocally and with the appropriate gestures.
He (or she) has earned it. :right:
I think half of southside Tallahassee heard me the day the idjit pulled out close in front of me while I was on my MC. A plastic faceshield couldn't stop the invective I was spouting! Had my hands full dodging him or he'd have gotten both 'fingers'.
!!!! that is nothing I have seen worse driving in Northen PRK - I still remember my young and dumb years getting into it at a construction roadblock one day where the worker took a swing at me and then I responded and connected. It wasn't even looked into and the construction block was BS there were a couple workers sitting on the side of the road drinking when I passed.
Arizona passed a law some time back making the finger a misdemeanor road rage violation.
In the same law they made honking the horn (WITHOUT a safety or emergency need for it), flashing your high beams at an on-coming high beam, and shouting at a driver in anger also misdemeanor road rage.
I don't know of the law ever being encorced since it would be a legal nightmare to prove the intent of road rage or that the one finger you held up was not a thumbs up sign.
Just more stupid laws clogging the books that no Officer wants to enforce.
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"It confuses me how some people can vigorously go against the 2nd. Amendment and still call themselves patriotic"-me
