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Giving the finger is a ‘God-given right’, Canadian judge rules (citoyens.soquij.qc.ca)

525 points by matbilodeau · 1270 days ago · 298 comments on HN

Article summary

A Canadian judge ruled that giving the finger is a 'God-given right' in a case where a man was arrested for making a gesture to his neighbor. The arrest was made after the neighbor alleged that the man had made death threats, but the judge found that the evidence did not support this claim. The case was thrown out, with the judge expressing bewilderment that it had been brought to court in the first place. The decision highlights the importance of protecting freedom of expression and the need for law enforcement to exercise discretion when responding to complaints.

Main themes

  • free expression
  • police discretion
  • neighborly disputes
  • law enforcement overreach
  • prosecutorial discretion
  • public safety vs individual rights

What commenters say

  • The police overstepped their authority by arresting the man for a non-violent gesture.
  • The neighbor's behavior was the real problem, and the police should have investigated them instead.
  • The prosecutor's decision to bring the case to court was a mistake, and they should have known the evidence was weak.
  • The judge's ruling was a victory for common sense and free expression.
  • The case highlights the need for police to use discretion when responding to complaints, rather than automatically making arrests.
  • The neighbor's actions, including driving recklessly around children, were a greater threat to public safety than the man's gesture.
  • The decision to arrest the man was an example of an overzealous law enforcement response to a minor incident.
  • The case raises questions about the appropriate balance between protecting public safety and respecting individual rights.