Indiana man sues for right to give middle finger to state trooper

Lawsuit argues for First Amendment

INDIANAPOLIS – An Indiana man is contending in a federal lawsuit that his right to free speech was violated after he was ticketed for showing a state trooper his middle finger.

The Tribune Star of Terre Haute reported that Mark May is seeking unspecified damages against Indiana State Police Master Trooper Matt Ames.

In the suit, May says Ames cut him off in traffic in pursuit of another driver in August.

While Ames was conducting the traffic stop, May admitted to making the vulgar gesture while he drove past the officer.

May says Ames then pursued May and issued him a ticket for provocation, deemed a Class C infraction in Indiana. The charge comes with a fine of up to $500.

May challenged the decision in Terre Haute City Court but was found guilty. He asked for it to be reviewed in Vigo County Superior Court, which deemed the judgment void.

The suit was filed by Kenneth Falk, legal director for the ACLU of Indiana, who says May’s actions were protected by the U.S. Constitution.

“Mr. May’s gesture, which in no way interfered with the Master Trooper’s lawful activities, was fully protected by the First Amendment,” the lawsuit says.

“The stop represents an unconstitutional seizure in violation of the Fourth Amendment to the United States Constitution.”

Indiana State Police have not commented on the lawsuit.