A motorist believes the constitutional right to free speech includes obscene hand gestures. Thomas Burns, of New Castle, contends he was denied his First Amendment free speech rights when he was cited for giving an obscene hand gesture to a construction worker in April, according to a federal lawsuit filed Monday in Pittsburgh.
Burns had become frustrated with a traffic delay and showed the gesture at a construction worker. The worker reported it to a police officer, who cited Burns for disorderly conduct, according to the lawsuit.
The citation was dropped, but Burns filed a lawsuit because he believes he was maliciously prosecuted.