So a foot soldier asked me an interesting question, ‘What did you think of the guy who was removed from the city council meeting after flipping councilor Spellerberg the bird?’ I wasn’t there, so I wasn’t sure if his bird involved threats, folks in attendance said it did NOT. All I saw on video was Spellerberg crying to the mayor about a bird flyer;
Flipping the bird (giving the middle finger) is generally considered protected speech under the First Amendment in the U.S. as a form of expressive conduct, even when directed at police, though it can lead to trouble if combined with other actions or interpreted as “fighting words” or a true threat, potentially resulting in disorderly conduct charges. Courts have affirmed that this crude gesture expresses contempt or anger and is protected speech unless it incites immediate violence.
So if he would have done it with other gestures or words that would incite violence or threats, the mayor who instructed security to remove him had every legal constitutional right to do so, BUT if the person simply flipped the bird and even said or mouthed ‘F’ck You’ That isn’t a violent threat and his removal was unconstitutional.
The Prezzo Sally Tomato used that argument this week when he flipped off a Union worker, ‘He was practicing his 1st Amendment Rights.’ So if it is good enough for Sally isn’t it good enough for Sal?
I have no idea who this high flyer was or if he has the financial means to attain legal representation, but they would have a case for illegal removal and the violation of their constitutional rights.
These folks running our city really need to go thru a 12 Step 1st Amendment Rehabilitation Program. It is THAT bad!