When protesters use inappropriate language or hand
gestures to police
officers is at least vulgar and disrespectful to society. But are they
committing a felony or are they being simply disrespectful? Because
the U.S. is a democracy with individual rights guaranteed, there is no
law against being disrespectful. There is a law against making a
threat, but pointing the middle finger at a police officer is not
threatening him or her.
As much as I hate vulgarity and disrespect, I am grateful to
have
free speech rights, and that they are protected by the courts her. That
concept will be tested in Louisiana after a "finger protest" there got
the pointer a citation for threatening a police officer. The pointer's
lawyer and the ACLU say that Louisiana State Police troopers violated
the Constitutional rights of their client after they arrested him for
giving the police "the finger," this the American Civil Liberties Union
of Louisiana said in a letter to Louisiana police Superintendent Col.
Kevin Reeves.
"A Louisiana State trooper took retaliatory action against a driver who
engaged in speech protected by the First Amendment," said ACL
Executive Director Marjorie Esman. "We appreciate that the job of
policing in the 21st century can be difficult, and we hope
your officers will focus on more serious and legitimate threats to
public safety." State Police spokeswoman Trooper First Class Melissa
Matey said, "The Louisiana State Police has tremendous respect for the
First Amendment even when the citizens we serve choose to be vulgar and
disrespectful. This was an unfortunate incident which will be used as a
training opportunity."
Hmmm They seem to agree that the police were excessive in citing the
vulgar finger pointer. I agree, but the larger issue is why so many, and
many are doing it, stoop to vulgarity like the finger pointer. It may
reflect the vulgar culture in which we live today, and that is a crime
bigger than all the finger pointer incidents out there. The pointing
incident happened Dec. 28, 2016 when a man driving on Interstate 20
near Rayville gave "the finger" to a trooper he passed. The trooper
then pulled the driver over and issued a citation for "public
intimidation," a felony that carries a maximum penalty of five years in
prison and a $1,000 fine. Wow! That's a pretty stiff penalty.
Public intimidation in Louisiana is defined as "the use of violence,
force, or threats upon (a public officer or public employee) with the
intent to influence his conduct in relation to his position,
employment, or duty," according to Louisiana law. "The driver used no
violence, force, or threat on the trooper, and there is no evidence of
intent to influence the trooper's official conduct," said the ACL. "His
gesture does not fit the statutory definition of 'public intimidation,'
and it was not a crime."The trooper engaged in "illegal First Amendment
retaliation," she said. Among the freedoms this country provides is the
right to criticize the government and public officials, including
police officers".
I have to agree that people have the right to be idiots, including
making vulgar gestures when frustrated. But I sure wish the world was a
nicer, more tolerant place.
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