Flipping the bird in church is protected speech

Georgia’s highest court has reversed the conviction of a man who was arrested on a disorderly conduct charge after he held up his middle finger and shouted at his pastor during a service.

The unanimous opinion issued Monday says David Justin Freeman’s behavior amounts to speech protected by the First Amendment.

The 2014 incident was reversed ‘as the behavior for which Freeman was prosecuted falls outside of the applicable scope of the statute as properly construed.’

Pastor Jason Berry of 12Stone Church in Flowery Branch, 45 miles (72.42 kilometers) northeast of metro Atlanta, asked teachers to stand for recognition during a service in August 2014. 

The court’s opinion says Freeman, a homeschooling father, stood and raised his middle finger in the air and then began yelling after the pastor finished his prayer.

In his appeal in May, Freeman asserted that he ‘shouted over the large congregation, ‘It’s your responsibility to raise your own children, and it is a sin to give them to a godless government.’ 

Presiding justice Harold D. Melton and the court felt that ‘ a raised middle finger, by itself, does not, without more, amount to fighting words or a true threat’

He continued that it was his ‘responsibility to defend’ children from being ridiculed.

A sheriff’s deputy arrived and Freeman was charged with misdemeanor disorderly conduct. Berry testified at trial that Freeman’s actions made him scared for his and his congregation’s safety.

The charge was acting ‘in a tumultuous manner toward Jason Berry whereby said victim was placed in reasonable fear of the safety of said person’s life, limb or health by screaming, shouting or using obscene gestures.’

Freeman defended that the words ‘tumultuous’ and ‘reasonable fear’ in the disorderly conduct charge are ill-defined.

‘However, a raised middle finger, by itself, does not, without more, amount to fighting words or a true threat,’ according to the court’s opinion.

Freeman can not be retried for the case.