Defiant Gesture Leads to Landmark Settlement: Vermont Pays 5,000 for Violating Free Speech Rights

In a landmark decision, the state of Vermont has agreed to pay 5,000 to settle a lawsuit filed by the American Civil Liberties Union (ACLU) on behalf of a man who was charged with a crime for giving a state trooper the middle finger in 2018. The settlement underscores the importance of protecting citizens' First Amendment rights, even in the face of perceived disrespect or provocation.

Upholding the Right to Free Expression, No Matter the Gesture

The Fateful Encounter: A Routine Traffic Stop Escalates

On February 9, 2018, in the town of St. Albans, Vermont, Trooper Jay Riggen pulled over Gregory Bombard's vehicle, believing that Bombard had shown him the middle finger. Bombard denied this claim, but admitted to cursing and displaying the gesture once the initial stop had concluded.Undeterred, Trooper Riggen proceeded to stop Bombard again, this time arresting him on a charge of disorderly conduct. Bombard's car was then towed, and he was jailed for over an hour before being cited to criminal court. The charge was eventually dismissed, but the damage had been done.

The ACLU Steps In: Defending the First Amendment

In 2021, the ACLU of Vermont filed a lawsuit on Bombard's behalf, alleging that his First Amendment rights had been violated through the unnecessary traffic stop and retaliatory arrest. The ACLU argued that the state had overstepped its bounds by criminalizing Bombard's expression of dissent, even if it was considered offensive or insulting."While our client is pleased with this outcome, this incident should never have happened in the first place," said Hillary Rich, staff attorney for the ACLU of Vermont. "Police need to respect everyone's First Amendment rights — even for things they consider offensive or insulting."

The Settlement: A Victory for Free Speech

After careful consideration, the state of Vermont has agreed to pay Bombard 0,000 in damages, as well as an additional ,000 to the ACLU of Vermont and the Foundation of Individual Rights and Expression to cover legal fees. This settlement serves as a clear message that the government cannot infringe on citizens' constitutional rights, even in the face of perceived disrespect or provocation.Bombard, in a statement provided by the ACLU, expressed his hope that this case would lead the Vermont State Police to train its troopers "to avoid silencing criticism or making baseless car stops." The settlement underscores the importance of protecting free speech, even in the most challenging of circumstances.

Broader Implications: Safeguarding the First Amendment

This case has far-reaching implications for the protection of civil liberties in the United States. The settlement sends a strong signal that the government cannot use the criminal justice system to punish individuals for exercising their right to free expression, no matter how distasteful or offensive their actions may be.The ACLU's victory in this case serves as a reminder that the First Amendment is a cornerstone of American democracy, and that it must be zealously guarded against encroachment, even in the face of perceived disrespect or provocation. As the nation continues to grapple with the boundaries of free speech, this settlement stands as a testament to the enduring power of the Constitution and the unwavering commitment to upholding the rights of all citizens.