Federal Court Declares You Have a Legal Right to Flip Off the Cops

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Top Tier Gear USA


Forgive the double negative. It’s not that you didn’t already have this right, but a federal court recently upheld one’s legal ability to flip off the police.

Here’s the backstory (via Never Get Busted):

The 14-page opinion issued by the the U.S. Court of Appeals for the 2nd Circuit ruled that the “ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity.”


Yes, we’re taking it back to elementary school here because it’s to that level. Duh.

Let’s continue.

The ruling comes in response to a case where John Swartz and his wife Judy Mayton-Swartz were forced to bring suit against two police officers who arrested Swartz back in May of 2006. The arrest was made simply as a result of John Swartz flipping off the officer who was using a radar device at an intersection in St. Johnsville, New York.

Swartz was charged with “disorderly conduct,” the common way that officers charge people when they have not committed any crime.

Nice, right?

Flip off a cop, get slapped with a “disorderly conduct” charge and go to jail. Flip off anyone else, and… probably nothing major other than them flipping you off back happens (unless they are armed and driving on the LA freeway during rush hour traffic.)

The officer got the summary judgment back in 2011, but that has now been overturned by the federal appeals court. The excuse the cop gave for probable cause to arrest the guy is utterly ridiculous, too.

The officer’s defense was reportedly that the officer thought Schwartz was quote, “trying to get my attention for some reason.”



Trying to get their attention? Think so, eh? I mean, I guess that’s one way of putting it…

Isn’t that how you get people’s attention? Giving them the middle finger?

“Thanks for delivering my mail, Bob!” (middle finger)

“I’ll have fries and a shake with that, please.” (middle finger)

“How was your day at school, kids?” (middle finger)

The appeals court, however, was not drooling-in-a-puddle dumb enough to buy that excuse and instead found that the “nearly universal recognition that this gesture is an insult deprives such an interpretation of reasonableness.”

Again. Duh.


The fact that this case even had to get to federal court of appeals level in the first place… is just sad.

Like every form of tyranny, this is both despotic and completely absurd.

Because America is spiraling downward into the black abyss of police statism, some cops now apparently feel they have been elevated above the basic status of personhood to royal court level, like they are the king’s guard and this is some kind of dystopic neo-feudalist Robin Hood/Idiocracy mash-up. Like they have special rights to not be offended.

It’s nice to see a real high court in this land and time actually remind these guys that isn’t actually the case.

(At least, not yet, anyway…)

Nevertheless, cue the comments about how flipping off the police is not a good idea in this country etc. I suppose that’s true.

Well, perhaps someone should’ve given a healthy middle finger to the Nazis back in the day, too. How millions of people were reportedly led to their deaths by only a few hundred people running everything at the top back then is a question that it would be good for every American citizen to examine. Now is as good of a time as any.

The hour in police state U.S.A. is definitely getting late.

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Contributed by Melissa Dykes of The Daily Sheeple.

Melissa Dykes is a writer, researcher, and analyst for The Daily Sheeple and a co-creator of Truthstream Media with Aaron Dykes, a site that offers teleprompter-free, unscripted analysis of The Matrix we find ourselves living in. Melissa and Aaron also recently launched Revolution of the Method and Informed Dissent. Wake the flock up!

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  • whitefeather

    Keep this in mind; “When the Allies liberated the Concentration Camps from WW2, they made the German Populous clean up the Bodies and Camps.” That was to remind them of their Evil Deeds of standing Idly by while others were being harmed…..

    • William

      Whose evil deeds? The German people or the German political party. I spent 24 years in the military and was never allowed into the cryptography spaces because I did not have the clearance or the need to know. Many things happened in Germany that the general public were unaware of. Many things happen in the US and abroad that the American people are completely unaware of. Generalizations about events which you did not participate are short sighted. The german people were paraded through the camps after their liberation to make them AWARE of what happened. For most of these people it confirmed their suspicion . It did not mean they were fully aware or supportive of the death camps. It also provided the Allies with free labor to clean the camps. As a result of the death camps German prisoners of war were starved to death and allowed to die of exposure to the tune of greater than 1 million troops. 1 million troops. That’s alot of POWs. But hey that’s OK. Germany had it coming right ? Eisenhower wanted to decimate the supply of German manpower in order to keep the Germans from starting yet a third world war. He succeeded.

      • whitefeather

        William, are you for real? They absolutely knew! Those endless lines to the trains had to say something was afoot. Throw in the other ruthless acts (Brown Shirts, SS, Long Knifes, Krystallnaught, and the Eisatzgruppen), that they were witness to. Need I say more? As far as the German Troops being starved, no that’s not OK either. BTW, I’m 1/2 German, and have had this history lesson handed down from those who were there……

        • William

          Yes I am for real. Blaming the German people for what the military did is similar to blaming Americans for BRObama fucking this country up. Please tell me where the 90,000 Illegal Mexican and Central American border jumpers were sent. Which states and how many per state. Not able to do that are you ? That’s because our Government Just like the German Government concealed where the Jews were being sent from the German people, the location of the illegal filth pouring across our borders is concealed from the American people. Sure the people in the areas directly adjacent to the Camps knew. However those camps were primarily in Poland and not in the populated areas of Germany. Are you any more informed about the plight of the Border jumpers that the General population of Germany was in reference to the location of the Jews. Sure some people knew but not all of Germany knew with 100% assurance.

          • whitefeather

            That is a well thought out response, too bad it’s blatantly incorrect. Those factories that pumped out the German War Machine were Managed by Germans and manned by Jewish slave labor. In addition, the Jews were being rousted out of their businesses, so that Germans could occupy the spaces. They knew, and they passed the word around. Your Naivety is an example of why my original post is so important. If you stick your head in the sand, the problem doesn’t go away. Obviously you know there’s a problem in Current Policing Affairs or you wouldn’t have posted. Please do us a favor, and don’t let YOUR Ignorance be the reason we fail as a people. We don’t need to write the same history books twice.

          • William

            Unfortunately you are yet again incorrect. Just like political parties give preference to their political parties the NAZI party gave preference to party members and not the general population. I realize this must come as a shock to you but not ALL Germans were members of the NAZI party. Just like when the Japanese were sent to internment camps by America. Their property and assets seized and distributed to buyers for pennies on the dollar .Democratic buyers. This information at the time was shared among democratic party members who had influence at the time. But then your stupid ass is the reason BRObama is in office.. So enjoy the demise of America brought about by the
            ill informed uneducated masses of which you apparently are a represenatative. .

          • whitefeather

            I don’t recall saying how many Nazis there were in Germany. That’s a Conflated Construct of your making, which explains a lot. You lost the argument when you juxtaposed the Nobel Peace Messiah’s activities with those of Germany’s. Just like the Germans, you know something’s wrong here in the states, but unwilling to do anything about it. Your Apathy Proves my first Post Perfectly.

          • William

            As a dog returns to it’s vomit a fool returns to his folly. Give it up sport. You are being a fool !

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  • William

    ” How millions of people were reportedly led to their deaths by only a few hundred people running everything at the top back then is a question that it would be good for every American citizen to examine.” – Hmmm let’s see, first the NAZI’s out lawed private ownership of guns and forbade public assembly. That’s how.

  • James

    Don’t think that would be a good idea were I live. Here cops have equal rights. They turn on there cam you turn on yours, you pull a gun on them they pull theres on you, you flip them off they will flip you off. Only advantage I can see to this is if you have your cam on and they flip you of first. They can be fired for disgracing the uniform here for such. But you start it they can flip you back.

    • unbubbleslayr

      The cops in my area would just arrest you for being annoying. It’s actually on the law books here, it’s their way around any constitutional grounds of freedom of speech. You can fight it but it costs you lot’s of time, money and aggravation, and they know it. Corruption at it’s worse. Dumb judges just sit there and go along with it.

  • unbubbleslayr

    Every time I pass a cop on the road I flip them off. I want a lot of bad karma to go their way.

    • disqus_3BrONUAJno

      I doubt that their bad karma will be increased by your expression of hostility and hatred to those you do not know.

      • unbubbleslayr

        Energy exists everywhere and is transferable.

        • disqus_3BrONUAJno

          Energy is also quantifiable and identifiable. What kind of energy does karma constitute?

          • unbubbleslayr

            Karma is potential energy and it set forth by mechanical energy.

          • disqus_3BrONUAJno

            Potential and kinetic energy require mass.

          • unbubbleslayr

            When a bomb goes off and someone standing twenty feet away is blow off their feet, it is not done through mass.

          • disqus_3BrONUAJno

            I guess mass means something different to you than it does to people who took physics in the public fool system. I learned that, without mass, there can be no inertia. Without inertia, there can be no acceleration. Without acceleration, there can be no motion. Without motion, there can be no impact. Without impact, no one will be “blow off their feet,” (sic)

          • unbubbleslayr

            I’m the mass.

          • disqus_3BrONUAJno

            You are certainly as thick as a brick.

  • disqus_3BrONUAJno

    There seems to be a population of youngers who think that flipping people off is an equivalent to waving at them.