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NFL Fan Wins Court Case for Giving "The Finger" Based on First Amendment Rights

This was not the finger used.
This was not the finger used.

This doesn't really have anything to do with the Bengals, but I thought it was a cool enough story to share with you anyway. According to our fellow SB Nation bloggers at Arrowhead Pride, a Kansas City Chiefs fan was recently taken to court over an incident that occurred in November of 2009 during a game at Qualcomm Stadium in San Diego, where he traveled to watch the Chiefs play the Chargers.

The Chargers destroyed their division rivals by a score of 43-14, upsetting Jason Ensign (the Chiefs fan) badly enough for him "flip the bird" to the home crowd. In the end, Ensign was tackled by Chargers security and was charged with battery.

Instead of pleading guilty to the battery charge, which would have likely been a misdemeanor, Ensign lawyered up and decided to fight the power using the most comprehensive amendments in the U.S. Constitution: the First Amendment which protects an American citizen's right to free speech.

From Ensign's lawyer:

"They're going to have to rethink how they handle these private security guards at Padres games, at Qualcomm Stadium, at any sporting event. Because they can't evict someone for exercising their free speech rights."

In the end, the judge agreed with Ensign and his attorney that he had the right to "solute" the home crowd with his middle finger and even had the right to defend himself when he was tackled by Chargers security officers.

So, since much of law is based on precedent (I spent my first year of college as a business major and totally got a B+ in Business Law... so you can trust me on this), Bengals fans should start a new tradition of "soluting" Steelers fans in Cincinnati and in Pittsburgh. Even if you get taken to court on battery charges, all you have to do is cite the case of Chargers Security v. Jason Ensign, and you will all be good to go.

Free speech is awesome!