Should giving the finger warrant an arrest?

In 2006, a Veitnam veteran’s car was pulled over (his wife was driving) after he flipped the bird at a passing cop.  He was arrested for disorderly conduct, and he sued based on the premise that giving the middle finger didn’t constitute disorderly conduct.  The lower court threw out his lawsuit, but it has now been revived by the Second Circuit Court of Appeals.  The court asserts, “Indeed, such a gesture alone cannot establish probable cause to believe a disorderly conduct violation has occurred.”

While his case isn’t a slam dunk, he’s happy that it’s being heard.

What do you think?  Is flipping the bird enough to warrant an arrest?

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