Court Overturns Pennsylvania Man's Conviction for Giving Ex Middle Finger - NBC 10 Philadelphia

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Court Overturns Pennsylvania Man's Conviction for Giving Ex Middle Finger

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    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    Senior Judge Eugene Strassburger wrote in Monday's opinion that, "Unless the First Amendment was repealed when I was not looking, giving someone the middle finger should not constitute a crime." Top News Photos: Candlelight Memorial ServiceTop News Photos: Candlelight Memorial Service