Driver who said giving police middle finger was free speech is awarded $175,000

Vermont troopers arrest Gregory Bombard for making an obscene gesture. Photo / American Civil Liberties Union via Vermont State Police

A driver who was arrested for giving a police officer the middle finger has won a US$175,000 ($288,000) settlement after arguing the gesture should be considered free speech.

Gregory Bombard, 57, was arrested and charged with disorderly conduct after swearing at a Vermont state trooper in 2018.

A lawsuit was filed in 2021 by the Vermont branch of the American Civil Liberties Union (ACLU) claiming his rights were violated in an “unnecessary traffic stop and retaliatory arrest”.

It argued that giving the middle finger to protest a police officer’s actions is free expression and protected by the First Amendment.

“Anyone who understands even the most basics of First Amendment 101 will understand that an officer can’t just take action and retaliate against someone, arrest them, put them in a cell just because the person bruises their ego,” Jay Diaz, a lawyer who represented Bombard, told the New York Times.

The court filing alleges state trooper Jay Riggen pulled Bombard over in St Albans, Vermont, on February 9, 2018 because he claimed that he had shown him the middle finger.

Bombard denied initially making the offensive gesture, but said he did swear and show his middle finger when the initial stop was concluded.

Bombard was then stopped a second time, arrested on a charge of disorderly conduct and jailed for an hour, according to the ACLU. The charge was later dismissed.

Dashcam footage from the incident showed Bombard being pulled over twice by Trooper Riggen before he was arrested.

The state has now agreed to pay Bombard US$100,000 in damages and US$75,000 to the ACLU and Foundation for Individual Rights and Expression for legal fees.

Wrongdoing

Vermont state and Trooper Riggen did not make an admission of wrongdoing as part of the settlement.

“While our client is pleased with this outcome, this incident should never have happened in the first place,” Hillary Rich, the staff attorney for the ACLU Vermont, said in a statement.

“Police need to respect everyone’s First Amendment rights – even for things they consider offensive or insulting.”

She added: “State legislators need to do more to prevent unnecessary and unjustified police interactions like the one Bombard experienced — by downsizing the footprint and broad authority of police in our communities.”

“I hope the Vermont State Police will train its troopers to avoid silencing criticism or making baseless car stops”, Bombard said.