Conviction for flipping middle finger overturned

PITTSBURGH (AP) — A Pennsylvania appeals court has overturned the disorderly conduct conviction of a Pittsburgh man who was charged because he flashed his middle finger at his ex-wife.

The Pittsburgh Tribune-Review says the 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.

Jason Waugaman, 35, was acquitted of an endangerment charge for allegedly driving his truck too close to his ex during a child custody exchange. But, he was 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Senior Judge Eugene Strassburger wrote in Monday’s opinion that, “Unless the First Amendment was repealed when I was not looking, giving someone the middle finger should not constitute a crime.”