Can a person be arrested for “criminal harassment” for allegedly “flipping the bird” to a neighbor who flipped it back?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a person be arrested for “criminal harassment” for allegedly “flipping the bird” to a neighbor who flipped it back?
Apparently we’ve played into their hand. They stood in my driveway last week swearing and name calling, and once we responded with some of the same they called in a complaint. My so gave them the finger, which was returned, and Put a sign in his bedroom window facing their as yet unoccupied house, referencing the previous family who moved because of their harassment. He is being threatened with criminal harassment charges by a local cop who is friends with the neighbor. Said cop called me today and asked for my maiden name – does he need this or is this a pretense to hold a threat over us?
Asked on May 8, 2012 under Criminal Law, Massachusetts
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
It is entirely possible for a person to be arrested for criminal harassment for allegedly "flipping the bird" to a third person. However, there are numerous published cases at the state and federal levels holding that "flipping the bird" in and of itself is an expression of one's Constitutional Right under the freedom of speech.
I suspect that the neighbor is getting a friend who is in law enforcement to "mess" with your son and yourself where there is most likely not going to be any charges filed concerning the incident that you have written about. However, to be on the safe side, I suggest that you consult with a criminal defense attorney about the matter you have written about.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.