ON THE RADIO: Ticket Over Gesture Unconstitutional

The state of Indiana is now embroiled in a law suit on the grounds the state police violated a drivers basic constitutional rights.  At issue; do you have a right to give the middle finger to a police officer without getting a $500 ticket?

Yes, it would appear that for some reason, Indiana has a dangerous law that holds the victim accountable for being the victim of a particular kind of crime.  And if the police catch you committing this crime you could be fined up to $500.

The problem is that can a simple hand gesture really be construed as a dangerous and enticing thing, so enticing that if the person on the receiving end is not a cop, they would be upset to the point of physical confrontation?

And what about ones constitutional right to express themselves?  I am sure the court would find it hard to believe that flipping someone off is a dangerous thing and does not fall under constitutional free expression.

So in Indiana, flipping off a cop is a crime but burning the American flag is not.  Let that sink in.

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