Pittsburgh Man Gives Cop Middle Finger, Gets $50,000

PITTSBURGH (Associated Press) -- Pittsburgh City Council has tentatively approved paying $50,000 to settle a free speech lawsuit filed by a man cited for giving a city police officer the middle finger.

Thirty-five-year-old David Hackbart, of Butler, made the gesture at a driver in April 2006, then did it again when someone yelled at him -- realizing only later the second person was a police officer.

The American Civil Liberties Union sued saying Hackbart's gesture was constitutionally protected speech. A federal judge postponed a September trial indefinitely at the request of attorneys on both sides.

Council gave initial approval to the settlement Tuesday, but must vote again next week to finally approve the payment.

No court documents settling the case have been filed.

Comments

[JAL12]

01:03 AM on 11/26/2009

I salute all of you.

[Texleft]

12:42 AM on 11/26/2009

Wrong move! He should hold his hand down in front with the first finger connected to the thumb to make a circle. When the cop glances at it you can punch him in the shoulder.

[Riley74]

12:16 AM on 11/26/2009

huh, and I got off free everytime...

[SlowtoLearn]

11:35 PM on 11/25/2009

First, let me state the obvious: you can legally flip off a cop. Other than imitate Kid Rock and disregard civil dialog in favor of a middle school comeback, the man did nothing wrong and should not have been cited.

With that said, how does a $50,000 settlement help his cause and/or champion the 1st Amendment? It makes this "victim" come across as either petty or greedy. And it makes the most cherished document in our country's history come across as nothing more than the pathway to an undeserved payday.

Fine the cop. Make him attend lectures on Constitutional Law. Something... anything besides giving a man $50,000 because a ticket hurt his feelings.

[booboo111]

11:48 PM on 11/25/2009

When an authoritative entity denies a citizen a fundamental right, it should cost them. A formal apology won't prevent further abuses.

[Alienhairdo]

11:52 PM on 11/25/2009

$50,000 makes it far less likely to happen again. It seems you blame the recipient. I wish we wouldn't blame average folks and keep our focus on the rich who stole trillions. I'd guess your rancor is jealousy.

[Citizen4Justice]

11:05 PM on 11/25/2009

Show the police respect, or else they'll tase you or fine you thousands of dollars. No, we're not beginning to feel more comfortable around police any time soon.

[booboo111]

11:49 PM on 11/25/2009

I always think that until I need them, and they're right there.

[Phreejazz]

12:12 AM on 11/26/2009

You must not live in my city. Them being "right there" is the punch line of more than one joke here.

[Alienhairdo]

11:53 PM on 11/25/2009

ditto. welcome to the police state.

[Zenith1959]

11:00 PM on 11/25/2009

So how much did the guy who threw a shoe at the president get? Seems like that would be worth way more money than just flipping off a regular cop.

[dennissinned]

10:07 PM on 11/25/2009

Giving the finger is an expression that is guaranteed by the constitution. If officers can't take it, they should find another profession instead of law enforcement.

[emom58]

09:43 PM on 11/25/2009

In some social circles "Flipping someone the bird" is a form of greeting. I was told by a police officer that it was a great way to signal a officer for help. And I know from personal experience that it works!

[jimmygee]

09:48 PM on 11/25/2009

Tee Hee. Time to fire one up.

[JohnRamboWayne]

08:59 PM on 11/25/2009

Gee...50k for being a d0ucheb@g...Maybe I should try harder.

[jimmygee]

09:49 PM on 11/25/2009

You just did but unaware of it!

[tbag119]

09:52 PM on 11/25/2009

sounds like you dont even have to try

[Schlitzblue]

08:51 PM on 11/25/2009

I have a case pending in Raleigh, NC currently for the exact thing. Court is on Dec 9th, I will be filing my motion to dismiss based on constitutionality this coming Monday. They claim I was 'inciting violence by displaying a vulgar gesture'.

[jimmygee]

09:50 PM on 11/25/2009

I used to drink that stuff. Good luck and may the bird of paradise fly up your nose.

[dzent1]

10:51 PM on 11/25/2009

No, up yours, A -rod.

[Schlitzblue]

12:06 AM on 11/26/2009

It is a class 2 misdemeanor, up to 60 days +$1000 fine, and in most counties of my state I may not be able to purchase a handgun.

[Tunghoy]

12:39 AM on 11/26/2009

If you violated a specific ordinance of the town, you will probably be found guilty in municipal court. Local courts almost never rule on Constitutional grounds.

But if you pursue the matter to a higher court (could be a superior or state district court -- depends where you live), you can win there. The town might also decide to drop the charge on appeal if they don't want to spend the money on a prosecution that has dubious merit.

I'm not a lawyer, but I do have direct experience with this sort of thing. Good luck.

[deadcustodian]

08:31 PM on 11/25/2009

The Federal Government should pay any of us citizens $50,000, in cash - immediately, each time we flip off a cop. It will help stimulate the economy.

.....Hey whatta you lookin' at copper?...

[jimmygee]

09:51 PM on 11/25/2009

It's possible that it could stimulate even more.

[clydedogg]

07:29 PM on 11/25/2009

You see the part about "attorneys on both sides". That tells me it could have been dropped by the police and was not, they lawyered up instead, that is who is to blame for the $50K. Laywers on both sides will make money.

[nirek]

07:41 PM on 11/25/2009

I think you are right, lawyers are for the most part bottom feeders. I do have a friend who is one of the few lawyers who give lawyers a good name. Although he is retired now.

[centsable]

07:10 PM on 11/25/2009

Can someone tell me why the cop was giving this guy a ticket, just because he was flipped off?

[MissVirginiaVoter]

09:13 PM on 11/25/2009

2 deeeeeuuuuusssshhhbags don't make a right

[tbag119]

09:53 PM on 11/25/2009

because theyre gods and you must bow down and kiss their boots asap

[Citizen4Justice]

11:10 PM on 11/25/2009

You must respect their authority or else they'll #@$% you up!

[aceholiday]

06:24 PM on 11/25/2009

applause to this guy

[AmandaBC]

06:12 PM on 11/25/2009

Why should the taxpayer pay for that? Bill the cop. After you fire him, of course.

[nirek]

07:42 PM on 11/25/2009

I agree with you 100% ! The taxpayer should NOT be paying for the stupidity of the cop.

Nirek

[lmktacwa]

12:03 AM on 11/26/2009

billing the cop AFTER you fire him ain't a brainy idea... how about fine the cop, send him to sensitivity and constitutional training, and let him keep his job so he can PAY the fine and keep on paying taxes himself...