A Vermont man has reached a settlement after suing over an arrest that the ACLU argued was a violation of his First Amendment rights.
Gregory Bombard, a Vermont man, has reached a $175,000 settlement in a lawsuit filed after he was arrested for giving a state trooper the middle finger in 2018. The American Civil Liberties Union (ACLU) of Vermont, which represented Bombard, argued that the arrest was retaliatory and violated his First Amendment rights. The incident began when the trooper pulled over Bombard, claiming that he had made the obscene gesture, which Bombard initially denied. However, after an argument, Bombard did give the officer the middle finger, leading to his arrest for disorderly conduct.
The ACLU stated that the arrest was unjustified, asserting that giving an officer the middle finger is a form of protected speech, even if offensive. “Police need to respect everyone’s First Amendment rights—even for things they consider offensive or insulting,” said Hillary Rich, a staff attorney with the ACLU of Vermont. The ACLU, alongside the Foundation for Individual Rights and Expression (FIRE), filed the lawsuit against the state and the trooper involved in the incident.
The settlement serves as a reminder of the protection of free speech, even in situations where actions or gestures may be perceived as disrespectful or offensive. It also highlights the ongoing debate around free speech and law enforcement’s response to public dissent. The settlement, while compensatory, is also viewed as a victory for those advocating for the protection of constitutional rights in the face of perceived overreach by authorities.
The case drew attention to the balance between maintaining public order and protecting individuals’ rights to free expression. This settlement reflects the increasing scrutiny of police conduct and their respect for constitutional freedoms, especially in cases involving minor offenses. The ACLU and other civil liberties organizations hope that the case will encourage law enforcement agencies to better understand and respect the limits of their authority regarding citizens’ rights to express themselves.
