Newly released video footage shows a Vermont state trooper arresting a man on disorderly conduct charges for the First Amendment–protected activity of flipping him off.
The Foundation for Individual Rights and Expression (FIRE), a First Amendment advocacy group, released dashcam footage today showing the 2018 arrest of Gregory Bombard, who is pursuing a lawsuit alleging his free speech rights were violated by the arrest.
Bombard was driving through his hometown of St. Albans, Vermont, on February 9, 2018, when he was pulled over by Vermont State Trooper Jay Riggen.
Riggen accused Bombard of giving him the finger. Bombard denied it, but he was incensed about being pulled over for such a trivial matter. “That would be considered freedom of expression, so I’m going to file a complaint against you,” Bombard said.
“And you’re more than welcome to,” Riggen responded. “So here’s the issue: Although it may be freedom of expression, it’s so unusual that it requires intervention to make sure you don’t need help of some kind.”
As Bombard’s lawsuit explains, Riggen’s reasoning was legally deficient. The U.S. Court of Appeals for the 2nd Circuit, which covers Vermont, held in 2013 that the middle finger’s “nearly universal recognition” as an insult made it unreasonable for an officer to interpret it as a distress signal.
Bombard tried to continue the conversation, but Riggen concluded the traffic stop and walked back to his car. Bombard was not content, however. As Bombard pulled away, he actually did flip Riggen off.
“It looks like as he pulled away he called me an asshole and said, ‘Fuck you,'” Riggen relayed into his radio. “Flipped the bird. I’m going to arrest him for disorderly conduct. There were multiple people around there.”
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