In 2006, Pittsburgh Police Officer Brian Elledge cited David Hackbart with disorderly conduct for displaying his middle finger to Elledge and an unnamed motorist. After Hackbart filed suit in federal court, U.S. District Court Judge David Cercone ruled that displaying one’s middle finger is protected speech under the First Amendment and is therefore not a proper basis for a disorderly conduct citation.
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http://www.pittsburghlive.com/x/pittsburghtrib/news/cityregion/s_617562.html