Is Giving Someone the Finger Considered Free Speech?

Mark May of Terre Haute, Indiana was issued a “provocation” ticket which carries a fine of up to $500. Why did he receive the ticket? He flashed his middle finger at an Indiana state trooper who May claims cut him off during a traffic stop.

The Indiana Criminal Code states a provocation ticket is issued when “a person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable person to commit battery commits provocation.”

Kenneth Falk, a legal director at the ACLU says that this violates May’s First Amendment rights.

What do you think?

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Photo: raymondclarkeimages


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