Tag Archives: free speech

On Hobby Lobby and Target

There were recently two major announcements regarding private businesses.

The first from the US Supreme Court which ruled “the regulations promulgated by the Department of Health and Human Services requiring employers to provide their female employees with no-cost access to contraception violate the Religious Freedom Restoration Act (RFRA).”
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Federal court rules flipping off cops constitutional

Huffington Post reports:

A police officer can’t pull you over and arrest you just because you gave him the finger, a federal appeals court declared Thursday.

In a 14-page opinion, 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.”

John Swartz and his wife Judy Mayton-Swartz had sued two police officers who arrested Swartz in May 2006 after he flipped off an officer who was using a radar device at an intersection in St. Johnsville, N.Y. Swartz was later charged with a violation of New York’s disorderly conduct statute, but the charges were dismissed on speedy trial grounds.

A federal judge in the Northern District of New York granted summary judgement to the officers in July 2011, but the Court of Appeals on Thursday erased that decision and ordered the lower court to take up the case again.

Richard Insogna, the officer who stopped Swartz and his wife when they arrived at their destination, claimed he pulled the couple over because he believed Swartz was “trying to get my attention for some reason.” The appeals court didn’t buy that explanation, ruling that the “nearly universal recognition that this gesture is an insult deprives such an interpretation of reasonableness.”

If you’re planning on displaying your denunciation digit with your local boys in blue, you’ll definitely want to download and print out the full ruling (PDF).

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