Though already strongly suggested by Cohen v. California and Houston v. Hill, the U. S. Court of Appeals for the Sixth Circuit has now specifically recognized that a Michigan woman who flipped off a cop after receiving a traffic ticket was exercising her protected free speech pursuant to the First and Fourteenth Amendments.
The Sixth Circuit specifically held:
“Any reasonable officer would know that a citizen who raises her middle finger engages in speech protected by the First Amendment. Sandul v. Larion, 119 F.3d 1250, 1255 (6th Cir. 1997) (gesturing with the middle finger is protected speech); see Cohen v. California, 403 U.S. 15, 19, 26 (1971).”
Cruise-Gulyas v. Minard, 918 F. 3d 494, 497 (6th Cir 2019).
Read the full decision on Google Scholar or on the Sixth Circuit’s website (or below).
Cruise-Gulyas v. Minard, 918 F. 3d 494 (6th Cir 2019)