Thursday, March 26, 2009
Ok. Is "the finger", "flipping the bird", an obscene gesture? I though it was, because of what it means, what it's saying, what it's derived from. I mean, isn't it saying "F--- you!", or "Sit on this!"?
A federal court judge in Pittsburgh says no, that it is free speech protected by the first amendment.
The story (here) is that a guy was cut off from a parking space, so he flipped the bird at the offender. A policeman driving by yelled at him not to do that, so the guy flipped off the cop, too. He was issued a citation charging him with violation of Pennsylvania's Disorderly Conduct statute.
He was convicted in district court and fined, but decided to appeal, on the theory that profane language and gestures are protected by the first amendment, whereas a narrowly limited category such as obscene speech and gestures or fighting words (or things like shouting "fire!" in a crowded theater) are not.
So I had to look up profane. I pretty much know what obscene is, and I figure the middle-finger salute is obscene, and therefore not protected. Profane is defined as irreverent or blasphemous. In simple terms, it has to do with disrespect of religion.
Can somebody explain to me how "the bird" is profane? And not obscene? I don't get it. Is it possible that the judge doesn't know where that bird flew out of?
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Also in Pennsylvania (Wyoming county, one of my old stomping grounds), the DA is getting tough on "sexting". And the ACLU has stepped in. It's getting interesting. WSJ synopsis here.
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