The Case of the Middle Finger
Friday, January 4, 2013 at 03:30PM On January 3, 2013, the Court of Appeals for the 2nd Circuit decided the case of Swarz v. Insogna (Click Here). It was reported in the New York Times in an article entitled 'A Middle Finger, Flashed in 2006, Lives on in a Suit" by Benjamin Weiser (NY Times p. A17 1/4/2013). The case is about gesticulation - the giving of the middle finger to a police officer. The Federal Court held the opinion that flipping the bird to a police officer is not a reason to stop the car that the bird flipper occupies. It was illegal for the police to stop the car. But is what's good for the goose; good for the gander? What do you suppose would happen if a litigant flipped the bird to a judge? Is that legal as well? Or is contempt of court a worse offense than contempt of a police officer?