Is it illegal to flip someone the bird (middle finger) while driving?
Not a cop... just some other person driving. Thanks
Answers:
Yes, assault.
Use of four letter words and the signal that can be used for a swear word would be verbal assault and you can be prosecuted on that basis.
It isn't spelled out in US law, but the statue is broad enough to cover it. In Germany there are specific gestures, including that one that are illegal and will open the offender to getting ticketed.
In the US the chance of prosecution depends on the incident. Clearly, if you do it to some passing motorist and you don't get his license plate then no prosecution will take place. If you do it to a police officer then you are more likely to get prosecuted, it depends on the officer's mood.
If you were assembled at a rally flashed such a sign at the mayor or the governor then you could be arrested, but the chances of prosecution would be minor. It is easy to defend such speech on the basis of the first amendment.
But, if I called you a few swear words then you could report me to Yahoo and I would be fined 10 points. In that case the words are published and there for the public to see and it will hang around for a while. Just flashing a hand gesture is usually below the threshold for prosecution. Prosecutors like to go for cases they can win. If you did it on national TV then you would be fined, and that would be your punishment. The person who you flashed the gesture to could prosecute you independently, but why bother.
Technically the 1 finger salute is illegal and a form of assault. Proving it is a little more difficult and it can be defended on the grounds of freedom of speech, although it is publicly accepted to be rude and impolite gesture that reeks of pornography. Pornography is covered by the freedom of speech, but “not if it is objectionable to the majority.” A very hard standard to prove and a very vague statue passed by Congress.
Reverse the situation if someone flashed that gesture at you how would you respond? Would you ignore them, attack them, or try to have them arrested? Usually, the third alternative is the last if ever. Normally, the symbol is returned, the situation can escalate or the more mature person ignores it.
i don't think so and i hope it isn't..but if it is illegal how free are we really??
Check this out
it depends on where you live i am sure. some places it would be considered offensive, but other places it could very well be illegal
Yes it is but it's hard to prove so the cops probably wouldn't waste their time.
It is illegal though.
Hell no, or at least it shouldn't be, but in all honesty, if you can't stand the heat, stay out of the kitchen.
Your Welcome!
Not illegal, but certainly not mannered
yes it is here in New Jersey! my freind gave the finger to a lady because she cut him off and she cell phoned the police and the state police handcuffed and they took him to jail he had to go to court and pay alot of money!
Road rage.
In some places like New York City and Philadelphia it is on the Drivers Test. You are performing a Public Service by notifying the other driver that he is driving like a Butthead
Not in the U.S., but insulting another driver is illegal in some other countries where it can result in a ticket if he gets your license plate (Germany comes to mind). By the way, contrary to what some other poster here thinks, there is absolutely no such thing under the law in any state as "verbal assault". One has to physically attack or touch you in order to be charged with assault, not merely hurt your feelings. But in any case, insulting people on the road is stupid. You never know what kind of a nut you're dealing with, and your car isn't bulletproof. Even flipping the birdie to a cop is technically legal, but I can guarantee he will look and find some kind of violation to write you up on, even if he has to make one up.
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