Legal Question in Constitutional Law in Kentucky
I was recently pulled over for allegedly "flipping off a cop". He told me he would drag me out of the car if I didn't get out. I did get out and he arrested me for menacing and disorderly conduct. Is this constitutional? If I understand correctly, he shouldn't have pulled me over for "flipping him off" even if I had because it's a freedom of speech.
2 Answers from Attorneys
You do have a right to speak through gestures. And you have a right to use profanity. The devil may be in the details of the facts, but flipping him off, with nothing more, does not strike me as either menacing or disorderly. I suggest you get in touch with your local ACLU office for legal guidance and/or referral.
Mr. Mitchell is right, both about the law and about contacting the ACLU.
Based on the limited facts you've given us, I don't see grounds to pull you over, let alone for the charges you describe. With more facts I might see things differently. Plenty of actions that would be perfectly legal on their own can be criminal under certain circumstances. They can also be evidence of a different crime, or part of a larger set of actions that amount to a crime in combination.
Let me add, though, that having the right to do something doesn't mean it's the right thing to do. Most police officers are decent, trustworthy people. They put their lives on the line day in and day out to protect the rest of us. They don't deserve the kind of contempt you displayed.