Is A Vulgar Protest A Protected One?

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 toLouisiana 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 21^st 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.