Joe and Steve are stuck in rush-hour traffic.A gap in traffic appears in the adjacent lane.At the same time both Joe and Steve steer their vehicles in the direction of the gap.Joe must brake suddenly to keep from hitting Steve's vehicle.Angry at Steve's quick lane change,Joe makes an obscene sign with his finger.Steve,a police detective driving an unmarked police vehicle,flashes his badge in return and directs Joe to pull his vehicle off the roadway.Steve would act correctly if he:

Question

Quizplus · Accepted Answer

Steve should not take any enforcement action as Joe's symbolic speech of making an obscene gesture does not constitute an offense under this factual situation. Freedom of speech and expression is a protected right under the First Amendment of the US Constitution, and Joe's gesture falls under symbolic speech. As long as the gesture does not cause any physical harm or imminent danger, it cannot be considered an offense. Steve, being a police detective, should be aware of the legal boundaries of his authority and not use it unlawfully.

Joe and Steve Are Stuck in Rush-Hour Traffic