involves facts that would be funny if they weren’t tragic in the everyday sense of the term. Jason Waugaman was dropping off his children, 6 and 7, at the apartment building of his ex-wife, Kacie Boeshore. She came down to meet them in the parking lot; Waugaman was kissing the kids goodbye.
According to Boeshore’s testimony, as she walked away with the kids, Waugaman said something she couldn’t hear. She turned around, walked back and stood several feet in front of his car demanding to know what he’d said. Instead, Waugaman drove off, giving his ex the finger and (Boeshore testified) narrowly missing her.
Police in Hampton Township, Pennsylvania, near Pittsburgh, charged Waugaman with reckless endangerment for the driving and disorderly conduct for the gesture. A judge acquitted Waugaman of the first, more serious charge, but found him guilty of disorderly conduct under a state statute that makes it a crime to intentionally “cause public inconvenience, annoyance or alarm” by using “obscene language” or an “obscene gesture.”Students are encourage to read the rest of the article as it clearly explains why courts are so reluctant to categorize something as non-speech. Students in my constitutional law class will know what I am talking about here (at least I hope they do).