About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

41 U.C. Davis L. Rev. 1403 (2007-2008)
Digitus Impudicus: The Middle Finger and the Law

handle is hein.journals/davlr41 and id is 1413 raw text is: Digitus Impudicus: The Middle Finger and the Law Ira P. Robbins* The middle finger is one of the most common insulting gestures in the United States. The finger, which is used to convey a wide range of emotions, is visible on streets and highways, in schools, shopping malls, and sporting events, in courts and execution chambers, in advertisements and on magazine covers, and even on the hallowed floors of legislatures. Despite its ubiquity, however, a number of recent cases demonstrate that those who use the middle finger in public run the risk of being stopped, arrested, prosecuted, fined, and even incarcerated under disorderly conduct or breach-of-peace statutes and ordinances. This Article argues that, although most convictions are ultimately overturned on appeal, the pursuit of criminal sanctions for use of the middle finger infringes on First Amendment rights, violates fundamental principles of criminal justice, wastes valuable judicial resources, and defies good sense. Indeed, the U.S. Supreme Court has consistently held that speech may not be prohibited simply because some may find it offensive. Criminal law generally aims to protect persons, property, or the state from serious harm. But use of the middle finger simply does not raise these concerns in most situations, with schools and courts as the exceptions. . Barnard T. Welsh Scholar and Professor of Law and Justice, American University, Washington College of Law. J.D., Harvard University; A.B., University of Pennsylvania. The author is grateful to Anuja Athani, Sima Bhakta, Molly Bruder, Chen Dai, Douglas Fischer, Jessica Gold, Erica Harvey, Eugene Ho, Lonnie Klein, Margaret S. Moore, Kate Rakoczy, and Alisa Tschorke for their excellent research assistance, and to the American University Law School Research Fund for providing financial support. While the UC Davis Law Review's Usage, Style, & Citation Manual (rev. 5th ed. 2007) does not permit the use of articles in parenthetical explanations, see id. at 7, the Editors of the UC Davis Law Review made an exception to accommodate the jargon and nomenclature necessary to this Article. 1403

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most