Clackamas man exercises free speech rights by giving cops the finger

[bijou]

When Robert J. Ekas decided to exercise his right to free speech, he didn't open his mouth.

He hoisted his middle finger.

His single-digit protests, aimed at Clackamas County sheriff's deputies last year, resulted in verbal showdowns, traffic tickets and, ultimately, a federal lawsuit.

Giving a police officer the finger may be a rude and ill-advised gesture, but it is not against the law, legal experts say.

"The U.S. Supreme Court has consistently held that speech may not be prohibited simply because some may find it offensive," said Ira P. Robbins, a law professor from American University in Washington, D.C. "Virtually every time someone is arrested for this, assuming there's no other criminal behavior ... the case is either dismissed before trial or the person is convicted at trial and wins on appeal."

Ekas, who represents himself, sued the Clackamas County Sheriff's Office and three of its employees, seeking corrective action and unspecified damages. Assistant County Counsel Edward S. McGlone III declined comment on the lawsuit. ...

link

Archetypal DUmmie.

[Thor]

I'm glad that someone is standing up for free speech.  While I agree that flipping the bird may be offensive, I agree with the findings of the courts on free speech. Many years ago, I was driving in downtown St Paul, MN.  Some old gray haired lady almost caused an accident with me because of her inability to operate a motor vehicle safely.  I managed to get in front of her and flipped her off. Moments later, I had a cop car behind me. Two detectives in the car pulled me over, asking if "that bird" was meant for them? I was offended that they turned around in heavy downtown traffic just to worry about if I had flipped them off. Once I explained, they sent me on my way. This may have been a DUmmie, but I kind of doubt that.

[thundley4]

Would it be possible for a local government to ban it as an obscene gesture?  There have been cases of profanity being banned in public, and I don't see much difference, since flipping someone off is the same as saying "Eff You". Haven't some places outlawed or tried to outlaw gang signs?

[Thor]

I don't know that such laws would be Constitutional.

Considering the Vice-president of the USA could flip off with impunity, it is no surprise that only a few months later, an appellate court in Connecticut ruled the finger was not legally obscene, releasing it from its gilded cage.

http://www.ooze.com/finger/html/history.html

I could see any challenge using that as a precedent.

[thundley4]

I don't know that such laws would be Constitutional.

http://www.ooze.com/finger/html/history.html

I could see any challenge using that as a precedent.

Yet still won't show it on TV, even on cable.

[Thor]

Yeah, they won't, but they'll show something like Blue Mountain State on Spike......... 

Honestly, I wish they'd quit overdubbing and blanking out anything considered as "profanity" on the cable channels. That's why new TVs and converter boxes have Parental Controls.

[IassaFTots]

Could it have been Roon???

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=105x9276726

Roon  (1000+ posts)        Mon Mar-01-10 04:11 PM
Original message
I got cuffed by the fuzz this morning..
 I was walking home from the store and I was walking on the street because no one knows how to shovel their walks.

A cop pulled up and started hassling me for walking on the street instead of the sidewalks. I flipped him off and told him "**** you"..next thing I know I was in cuffs.

He ran my ID and found nothing, I demanded to speak to his supervisor, his boss was totally on his side so that did no good.

I cussed them both out for about 15 minutes.....They finally let me go...Stupid cops..It was because it was so early in the morning and the cop was bored..that is all it was.

I still will walk down the streets instead of the snowpacked sidewalks.

[Chris_]

I'm glad that someone is standing up for free speech.  While I agree that flipping the bird may be offensive, I agree with the findings of the courts on free speech. Many years ago, I was driving in downtown St Paul, MN.  Some old gray haired lady almost caused an accident with me because of her inability to operate a motor vehicle safely.  I managed to get in front of her and flipped her off. Moments later, I had a cop car behind me. Two detectives in the car pulled me over, asking if "that bird" was meant for them? I was offended that they turned around in heavy downtown traffic just to worry about if I had flipped them off. Once I explained, they sent me on my way. This may have been a DUmmie, but I kind of doubt that.

That was very grown up of you to flip off an old lady. That is like saying **** You to your grandmother.

[NHSparky]

That was very grown up of you to flip off an old lady. That is like saying **** You to your grandmother.

Sometimes granny is a bitter old woman who needs to be told off.

That being said, I hope that fatass doesn't need the cops anytime soon.

[DumbAss Tanker]

Sometimes granny is a bitter old woman who needs to be told off.

That being said, I hope that fatass doesn't need the cops anytime soon.

Now see, I was hoping just the opposite!

 

[NHSparky]

Good point--allow me to clarify then.  HE better hope he doesn't need the cops anytime soon.