Legality of Flipping the Bird...
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Anyone have any hard evidence as to whether or not flipping someone off is illegal or not? According to the 6th grade DARE officer it's considered 5th degree assault, according to an article referencing some lawsuit, a court ruled it legal under free speech. Anyone have any hard evidence to prove it is legal/illegal (IE something besides "well that's freedom of speech!")?
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PineInchNenis69;167359 wrote:
Anyone have any hard evidence as to whether or not flipping someone off is illegal or not? According to the 6th grade DARE officer it's considered 5th degree assault, according to an article referencing some lawsuit, a court ruled it legal under free speech. Anyone have any hard evidence to prove it is legal/illegal (IE something besides "well that's freedom of speech!")?Why are you even asking this question? If an officer confronts you on this, are you going to try and throw it in his face? I don't think I would. But whatever I guess. And, since when is making a physical gesture considered "speech"? Stupid question to ask. Think of something better to ponder on.
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weshole;167360 wrote:
Why are you even asking this question? If an officer confronts you on this, are you going to try and throw it in his face? I don't think I would. But whatever I guess. And, since when is making a physical gesture considered "speech"? Stupid question to ask. Think of something better to ponder on.I think you're missing my point. I'm just wondering what the ramifications of it are, if there are any...I don't intend to go driving around flipping everyone off. Not looking for a "what can I get away with" type thing. This question stems from a thread on another forum plus a personal experience and that is what really got me wondering.
And since flag burning was ruled speech I believe gestures can be labeled "speech"
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PineInchNenis69;167361 wrote:
I think you're missing my point. I'm just wondering what the ramifications of it are, if there are any...I don't intend to go driving around flipping everyone off. Not looking for a "what can I get away with" type thing. This question stems from a thread on another forum plus a personal experience and that is what really got me wondering.And since flag burning was ruled speech I believe gestures can be labeled "speech"
Then I would consult an attourney. Since if this came to involving the law, you would need to have one representing you anyway. They would be the ones who would know. I don't think any of the Fargostreet regulars major or practice law.
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I just learned that in Alabama you can threaten someone up and down as far as killing them and whatever and as long as you keep your hands in your pockets and don't gesture then it's legal. The moment you point at them or whatever then you're going to jail. Man some laws are stupid as hell...what difference does it make whether or not you point at someone? The threat should be what matters, not the gestures you make while saying it.
weshole;167365 wrote:
Then I would consult an attourney. Since if this came to involving the law, you would need to have one representing you anyway. They would be the ones who would know. I don't think any of the Fargostreet regulars major or practice law.I was hoping Chuck might have some handy info.
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I will ask my dad next time i talk to him what he thinks of the subject. Im pretty sure that you could fight it away if it happened but some officers would ticket you, some wouldn't i think. Then it would be up to you to fight it and i think eventually you could win on appeal at least.
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weshole;167365 wrote:
Then I would consult an attourney. Since if this came to involving the law, you would need to have one representing you anyway. They would be the ones who would know. I don't think any of the Fargostreet regulars major or practice law.Right, because only people who charge $200 an hour can really know if something is legal or not:icon_scratch:
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Well about three years back, my buddy and i were driving down 13th and he actually saw one of his other buddies in his car he flipd him off as his friend returned the favor...Well we get right in front of BP there before the mall and a police officer pulls us over for assaulting someone in traffic. We didnt get a ticket cuz we both explained it was a friend. So i dont really know if its illegal or not? I just think that cop pulled us over just for the fuck of it... But you would think it could be part of freedom of speech or something?
"tell the misses that thats how you got the man and thats how you KEEP the man
words to live by from the wise one"
-weshole -
i'm not sure if flipping the bird is illegal or not....but you can pull a gun on someone if they are on your property and you don't want them to be
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Well alls I know is that I had 3 cops at my house one night for flipping someone back off after they did it to me. That + the DARE officer makes it sound like the local PD has flipping the bird as a high profile crime. Whether or not it's illegal is another matter though...I still want to see a high court ruling on the issue and from the looks of the article I read, it IS legal/freedom of speech...but i'm not 100% certain.
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MisterCMK;167397 wrote:
Dustin, the police just hate you. That is all.No they had to come talk to me because the assbags called me in after I returned the favor to them and they chased me...err...stalked me around town for 2 hours before finding my car parked.
Other than that and the douchebag that pulled me over for going "35 in a 30" who I don't think is on the force anymore, I have no issues with the Moorhead PD.
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