Nasty cop
I haven't had time to dig up a link but there was a case not too long ago in which someone gave a NY cop a similar gesture. It was ruled that the 1st Amendment entitled him to do that.
"Last April Ballwin resident Steven Pogue was waiting at an intersection for the light to turn green when another motorist suddenly stopped in the middle of the intersection, blocking his car in. Pougue’s light turned green and then back to red before the other car was able to move, frustrating the St. Louis-area native.
In a show of his frustration, Pogue waved his middle finger at the other driver out of his window. The two parties drove off, but Pouge was pulled over just a few blocks later by a Ballwin police officer.
The officer saw the entire situation go down and decided that Pouge’s gesture warranted a ticket. Adding insult to injury, the officer even admitted to Pouge that he was going to go after the other motorist until he saw him flip the bird.
The reason for the ticket? There is a little known law on the Ballwin books that says no driver can have “his hand outside the vehicle except the hand and arm for signaling.” The ticket is so rare that there isn’t even a set fine for the offense.
Pouge maintains that his gesture was simply an act of free speech and that he technically was signaling for the other driver. Pouge will have his day in court on August 23.
Source
Posted by John J. Ray (M.A.; Ph.D.).
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