Federal Court Rules Citizens Well Within the Law to Tell a Cop “F**k You” A man argues with a police officer as Trayvon Martin supporters march while blocking traffic after a rally for Martin in Union Square in Manhattan on July 14, 2013 in New York City. George Zimmerman was acquitted of all charges in the shooting death of Martin July 13 and many protesters questioned the verdict. (Photo by Mario Tama/Getty Images) (FEE) The 8th US Circuit Court of Appeals last week upheld a US District Court decision that refused to throw out a civil lawsuit against an Arkansas police officer who arrested a man who yelled a curse word at the officer as he conducted a traffic stop on another citizen. What Happened According to court documents, in 2015 Arkansas State Trooper Lagarian Cross was performing a traffic stop on a Fort Smith highway when he heard a passerby yell “f*ck you” out of the window of a moving car. The remark prompted Cross to end his traffic stop and pursue the car. After making the stop, Cross arrested Eric Roshaun Thurairajah on a charge of disorderly conduct, stating the profanity constituted “unreasonable or excessive noise.” Thurairajah spent hours in jail for the utterance, court records say, before the charge was dropped and he was released under his own recognizance. Thurairajah, however, was not done. After spending eight hours barefoot in a jail cell with a toilet that had overflowed, he filed suit against Cross, alleging that the trooper violated his First and Fourth Amendment rights by arresting him unjustly.There is no more basic constitutional right than free speech. Cross attempted to have the case thrown out, citing qualified immunity—a legal doctrine that shields government officials from lawsuits—but was denied by the US District Court for the Western District of Arkansas. In that 2017 ruling, the court ruled Cross’s arrest violated Thurairajah’s clearly established rights under the Constitution, voiding his qualified immunity protection. The Court’s Ruling On Monday, the 8th Circuit upheld the District Court’s ruling, allowing Thurairajah to proceed in his lawsuit against Cross. W. Whitfield Hyman, Thurairajah’s attorney, called the court’s decision a win for free speech. “This was a simple case about freedom of expression that is a small step forward for protecting personal freedom,” Hyman told me in an email. he 8th US Circuit Court of Appeals on Monday upheld a US District Court decision that refused to throw out a civil lawsuit against an Arkansas police officer who arrested a man who yelled a curse word at the officer as he conducted a traffic stop on another citizen. The ruling is also important because it weakens qualified immunity, which often shields government officials from consequences for bad behavior. (Read, for example, this Cato Institute article describing a state caseworker who strip-searched a four-year-old girl.) Swearing might be rude, but it’s not criminal. Hyman said police officers need to understand the difference. “Trooper Cross’s response is not something you would expect from the police in a free country,” Hyman told me. CRITICISM OF THE GOVERNMENT AS A WHOLE OR OF AN INDIVIDUAL GOVERNMENT AGENT SHOULD BE THE SAFEST ACTIVITY, EVEN IF THAT CRITICISM IS VULGAR OR UNWARRANTED. HOPEFULLY THE NEXT TIME A POLICE OFFICER THAT WANTS TO THROW SOMEONE IN JAIL BECAUSE THEY HURT THE OFFICER’S FEELINGS WILL REMEMBER THIS CASE AND REFRAIN FROM VIOLATING A PERSON’S NATURAL RIGHTS. There is no more basic constitutional right than free speech. Courts have placed some limits on free speech, of course, but placing a citizen in jail over profanity is an excessive and unjust use of state power. Not the First Time Unfortunately, it happens with some frequency. Earlier this month, for example, police in Helen, Georgia, detained a man for 18 hours over a profanity he uttered in public. “I think it was a complete abuse of authority,” Morgan Wilson, who was visiting from North Carolina, told a local news station. “Even if they wanted to cite me for cursing in public … that would have been a better option than obviously the method that they used.” Hyman said his client’s victory in court is a step in the right direction. “With every case like this it becomes harder for a police officer to arrest someone illegally and still be shielded by qualified immunity,” he told me. “The next step will be asking for attorney’s fees and for Eric to be paid damages, such as attorney’s fees associated with his criminal case.”
It may be legal but I wouldn't do it. When I get pulled over for speeding I always address the officer as 'officer' and I am as polite as I can be. No sense in riling the officer up and getting me into more trouble.
Once about 45 years ago when I was young. Haven't had a traffic ticket in 14 years. Had a property line dispute with a neighbor. He got into a shouting match with my niece and shoved her to the ground. My Ranger neighbor called the police and they came out to investigate. That was about 8 years ago. I've moved to Lake Oswego where I've been living for the past 4 years. Never had an interaction with the police. There's precious little for them to do out here. I think I've seen someone pulled over on the side of the road maybe once. Other than that I see them patrolling about once every three or four months. I do not hang out with a rough crowd. I just don't want to stir up any unnecessary trouble.
Now you tell me. I've got my chaise lounge chair, popcorn and beer ready by the door for just such an occasion and I've been disappointed by not being told of any such meet and greets.
Harassment of any kind will not come to a good end. Like you, I refer to the officer as 'officer' and show respect.
People don't realize that in America you can say what you want, but in most cases there are repercussions.
Nobody has done more recently for free speech in this country than POTUS Trump. The Trump Administration is fighting for free speech online. SOCIAL MEDIA PLATFORMS should advance FREEDOM OF SPEECH. Yet too many Americans have seen their accounts suspended, banned, or fraudulently reported for unclear “violations” of user policies. No matter your views, if you suspect political bias caused such an action to be taken against you, share your story with President Trump. https://wh.gov/techbias SOCIAL MEDIA PLATFORMS should advance FREEDOM OF SPEECH. Yet too many Americans have seen their accounts suspended, banned, or fraudulently reported for unclear "violations" of user policies. On May 15, President Trump asked Americans to share their stories of suspected political bias. The White House received thousands of responses—thank you for lending your voice!
You believe there should be repercussions for exercising one's First Amendment right by saying fuck you to a cop?
Nope. I don't believe there SHOULD be. I believe there COULD, MIGHT or WILL be. My point was people need to understand you can't just say anything. For example, yelling fire in a crowded place will get you arrested. Working at McDonald's and saying their food sucks to customers is fine, but there will be repercussions
