The Colorado State Patrol dropped a harassment charge against a 35-year-old man who allegedly displayed his middle finger to a Colorado State Patrol trooper while he was driving.
FOX31 reported that Shane Boor was charged with criminal harassment after flipping off a state trooper who had pulled another driver over to the shoulder of the road.
The American Civil Liberties Union of Colorado had planned to provide Boor with free legal defense.
“Our client engaged in peaceful, silent symbolic expression that is protected by First Amendment,” said Mark Silverstein, ACLU Legal Director.
“The protection of the Constitution is not limited to speech that is acceptable in polite society. The First Amendment also protects expression that may be disrespectful, coarse or even vulgar. It’s rude to flip off a cop, but it’s not a crime.”
Chief of the Colorado State Patrol, Colonel James Wolfinbarger, said he dropped the charge because the “offensive and demeaning” gesture alone did not constitute a crime.
The misdemeanor charge carried a penalty of up to six months in jail.
Eric W. Dolan
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