Flipping the bird at a police officer or telling a cop to stick it where the sun don’t shine is not the smartest thing to do, but it’s legal. In the last few weeks, two cases in the metro area demonstrate the First Amendment is alive and well in Colorado. “Simply telling a cop to go screw himself is not illegal,” said Denver lawyer David Lane. “The First Amendment lives in a rough neighborhood and if you can’t stand the neighborhood move to China … or somewhere the First Amendment does not exist.” Last week, Lane’s client, Bob McIntosh, got a $20,000 settlement from Boulder County over his arrest on Oct. 1. McIntosh was pulled over for going 41 mph in a 20 mph school zone and used profanity at Deputy Sheriff Tim Lynch because he got a ticket. A police report shows McIntosh repeatedly swore at the deputy and called him a vulgar name and the deputy told him if he didn’t control his language he would be arrested. McIntosh was arrested and charged with disobeying a police officer. The charge was later dropped. Boulder County decided to pay up when McIntosh indicated he would sue because the U.S. Supreme Court recognizes that verbal criticism of a police officer is protected speech and McIntosh’s arrest on that charge was a violation of the First Amendment. “If it is a situation where somebody is unhappy and vocalizing they are unhappy the courts have decided that police officers have to be able to take it,” said Boulder County Sheriff Commander Rick Brough. “We have to deal with different things than other citizens do. You just have to be thick-skinned sometimes.” Just a month ago, prosecutors dismissed a case against Shane Boor, a man who flipped off a state trooper on C-470 near West Bowles Avenue in Jefferson County because his actions are protected under the Constitution. The law draws the line at interfering with a police officer in the course of their job or threatening a cop, so choose your words wisely.
Posted on: Mon, 02 Sep 2013 08:24:02 +0000
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