Brown: Bird-flipping now without citation

It all began in 1988. That’s the year when rap supergroup N.W.A. released the song “F*** tha… It all began in 1988. That’s the year when rap supergroup N.W.A. released the song “F*** tha Police,” an anthem many of us likely mentally tune in to when we’re pulled over for speeding tickets, handed citations after a weekend of misfortune or happen to be on the wrong side of arrests and allegations as some former Pitt football players and employees happen to be.

Although it serves as a great coping mechanism, using the phrase aloud in a cop’s presence has traditionally become a good way to get a few scowls or an increased fine.

But a lot has happened since the track’s release. Former Vice President Dan Quayle has stopped publicly decrying the moral decay of America.

And former N.W.A. rapper Ice Cube moved from Compton to Hollywood, foregoing gangsta life in favor of starring in family movies like “Are We There Yet?”

Most importantly, however, is that, unlike last century, it’s finally legal to utter “F*** the police” or any other vulgarity one can string together without repercussion. As of Jan. 4, State Police can no longer cite anyone for the use of profanity.

Because of the case against Commissioner Frank Pawlowski and the Pennsylvania State Police, Luzerne County resident Lona Scarpa got her $300 back that she had paid after reporting to a police officer about a motorcyclist who swerved at her. During the investigation, it became known that she called the driver the colloquial term for a donkey’s rear end.

Also, her lawyers from the American Civil Liberties Union won $17,500 for the prosecution in the name of free speech. It turns out her case wasn’t an isolated occurrence.

According to the Associated Press, over the past year Pennsylvania police have issued more than 700 disorderly conduct citations for swearing. Similarly, the ACLU found that Pittsburgh had written up 188 similar tickets over the past 32 months.

In some cases, people were arrested and thrown in jail for disorderly conduct charges or failure to pay the fines for what they might have deemed ludicrous charges.

Circumstances for the citations ranged from the aforementioned road rage to more mundane events like when a woman swore at her overflowing toilet within earshot of a neighbor, the Associated Press reported in 2007. The state awarded her $19,000 because it unjustly ticketed her potty mouth.

The biggest award recently comes by way of Pittsburgh’s City Council approving a $50,000 settlement loss in November 2009 after a motorist let his middle finger do the talking, according to the Pittsburgh Tribune Review.

In retrospect, doing something like that during the G-20 might have helped a good deal with paying my tuition. Oh well.

Nevertheless, all of this signals a strong shift toward promoting the First Amendment. Whereas detractors might see it as a free pass for rudeness, it isn’t.

A policeman doesn’t have to give a break to a speeder who claims to have not seen any “f***ing” speed limit. And according to ACLU lawyer Mary Catherine Roper, who worked on the case, the ruling shouldn’t promote aggression, either.

“If somebody’s making a threat, or pushing and shoving and fighting, that’s a different thing,” she said in an ACLU press release. “But if people are cursing each other, you can’t issue a criminal citation and subject them to hundreds of dollars in fees for bad manners.”

Roper also said it will help ensure greater efficiency in policing.

“Besides being a waste of police resources, these types of citations are often used by police to ‘punish’ people who argue with them,” she said.

I hesitate to side with an obnoxious motorist who might be badmouthing a police officer simply doing his or her job, but I do think it’s necessary to demonstrate a proper respect for the law from all parties. And as far I know, cussing has never been illegal.

Police forces statewide will address the settlement through revising training programs and further refining the definition of “obscene,” according to the ACLU news release. They’ll include information about how to handle offensive gestures and language that doesn’t warrant further action.

In defense of those who have been fined before this ruling, in the heat of a moment, verbal control isn’t always the first thing that comes to mind.

People have a tendency to say things that they ordinarily wouldn’t say in front of their mothers during dinner.

Their cases will be subjected to review and possibly refunded. This case goes a long way towards rectifying what has occurred all too often — a violation of basic civil liberties.

Although it might seem trivial, it’s not. Whereas it might weaken police power a little, it goes a long way toward revitalizing the power of our rights.

To quote Founding Father Ben Franklin, “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.” Perhaps because no officers have O.C. gassed me or shot rubber bullets in my general direction for some time now, I have no inclination to voice my dissent — but it’s nice to know I could do so now without reprimand. That’s how it should be.

Share your thoughts with an e-mail at jeb110@pitt.edu or visit his blog at thingsthatrhymewithcars.wordpress.com.