The circumstances of you "giving him the bird" will govern this case. In all reality you being a dick could make you the aggressor if they can prove you caused an action and acted in a unacceptable way.
The circumstances of you "giving him the bird" will govern this case. In all reality you being a dick could make you the aggressor if they can prove you caused an action and acted in a unacceptable way.
I regards to you being the aggressor by giving the bird. I am not sure that is the case, because he started it right? Anyway......
I believe the law says if you were the instigator but then backed down and he continued then the roles change and you are no longer the aggressor...
**** I am not an attorney and this in no way should be taken as such!""""
Exactly. "The Finger" isn't "fighting WORDS".
"The fighting words doctrine, in United States constitutional law, is a limitation to freedom of speech as protected by the First Amendment to the United States Constitution.
In 1942, the U.S. Supreme Court established the doctrine by a 9-0 decision in Chaplinsky v. New Hampshire. It held that "insulting or 'fighting words,' those that by their very utterance inflict injury or tend to incite an immediate breach of the peace" are among the "well-defined and narrowly limited classes of speech the prevention and punishment of [which] ... have never been thought to raise any constitutional problem."
Read more HERE
Congrats "Bird"dog...heh. Seriously though, coulda turned out to be a real shit ordeal but sounds like you made out okay.
-Mike
"I have to return some video tapes"
Yeah, I was driving through Loveland one day and some gangsta tried to pass me on the right in a turn lane only. There was a car in front of me, a car behind me and he was right next to me honking his horn. So I flipped him off, and man it set him off. He got up next to me and was screaming that he was going to kill me, so I told him to "eat my ass" (it just came out that way I was a little nervous that he was going to crash his low-rider into me) He followed me all the way to Longmont. I had my .45 sitting on the seat the whole time just in case, but at the last minute before I thought I was going to need to pull over so he would not know where I was going or where I live he turned around and went back toward Loveland.
Long story short, I find that it is both more fun and a little safer to just act retarded when someone starts to road-rage on you. Or act like you do not speak English, that will confuse them fur sure.
When I get the bird, I have an instant reaction that makes me want to press on the accelerator and catch up. I really have to fight that. I always think later that I should have gotten a plate number and called them in for road-rage, but I'm never that quick.