A state appeals court has overturned the disorderly conduct conviction of a Pittsburgh man who was charged because he gave his ex-wife the middle finger.
The Pittsburgh Tribune-Review says Monday's Superior Court decision was based on past rulings by the Pennsylvania Supreme Court that the gesture is not obscene — and therefore not illegal — unless it is used in a sexual context.
The 35-five-year-old was acquitted of an endangerment charge for allegedly driving his truck too close to his ex during a November 2014 child custody exchange, but sentenced to 90 days' probation for disorderly conduct.
Senior Judge Eugene Strassburger wrote in Monday's opinion that, "Unless the First Amendment was repealed when I was not looking, giving someone the middle finger should not constitute a crime." [[238427591, C]]
