An Indiana man is filing a lawsuit arguing that his right to free speech was violated after being ticketed for giving a state trooper the middle finger.
Mark Hay is seeking unspecified damages against Indiana State Police Master Trooper Matt Ames.
Hay claims that Ames cut him off in traffic while in pursuit of another car last year.
Hay admits that when Ames made the traffic stop, he drove by him making the gesture.
He says Ames then pursued him and issued him a ticket for provocation, a Class C infraction in Indiana costing him a fine of up to $500.
May challenged the decision in city court, but was found guilty and asked for it to be reviewed in Superior Court which also deemed the judgement to be void.
May's suit was filed by the legal director for the ACLU of Indiana, Kenneth Falk who says his client's actions are protected under the US 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 stop represents an unconstitutional seizure in violation of the Fourth Amendment to the United States Constitution.”