Vermont Man Settles $175,000 Lawsuit Over Middle Finger Gesture Arrest: Implications for Free Speech and Law Enforcement

St. Albans, Vermont United States of America
Bombard's case highlights the importance of upholding constitutional protections for all citizens and underscores the need for transparency and accountability in law enforcement actions.
Previously, a federal appeals court ruled that giving someone the middle finger is a form of protected free speech under the First Amendment.
Settlement includes $100,000 in damages to Bombard and $75,000 in attorneys' fees for the ACLU and FIRE.
The American Civil Liberties Union (ACLU) and Foundation for Individual Rights and Expression (FIRE) took up Bombard's case, arguing that his First Amendment rights had been violated.
Vermont man, Gregory Bombard, reached a $175,000 settlement with the state after being arrested for giving a middle finger gesture to a state trooper in 2018.
Vermont Man Settles $175,000 Lawsuit Over Middle Finger Gesture Arrest: Implications for Free Speech and Law Enforcement

In a landmark case that has raised important questions about free speech and the role of law enforcement, a Vermont man named Gregory Bombard has reached a $175,000 settlement with the state after being arrested for giving a middle finger gesture to a state trooper in 2018. The incident sparked controversy and debate over whether such an expression is protected under the First Amendment.

According to reports, Bombard was first pulled over by Trooper Jay Riggen after he believed he had been given the middle finger. Bombard denied making the gesture initially but later admitted to doing so when asked again by Riggen. The trooper then arrested him on charges of disorderly conduct.

The American Civil Liberties Union (ACLU) and Foundation for Individual Rights and Expression (FIRE) took up Bombard's case, arguing that his First Amendment rights had been violated. They filed a lawsuit against the Vermont State Police and Riggen in 2021.

The settlement includes $100,000 in damages to Bombard and $75,000 in attorneys' fees for the ACLU and FIRE. The state of Vermont did not admit to any wrongdoing or liability as part of the agreement.

This case has significant implications for free speech rights and the actions of law enforcement. Previously, a federal appeals court had ruled that giving someone the middle finger is a form of protected free speech under the First Amendment. However, this ruling was not universally accepted or applied consistently by law enforcement agencies and courts.

Bombard's case highlights the importance of upholding constitutional protections for all citizens, regardless of whether their expression may be considered offensive or disrespectful to some. It also underscores the need for transparency and accountability in law enforcement actions, particularly when it comes to arrests based on controversial or subjective grounds.

The settlement marks a victory for Bombard and his legal team, who fought tirelessly to defend his First Amendment rights. However, it also raises important questions about the broader implications of this case for free speech and law enforcement in Vermont and beyond.



Confidence

96%

Doubts
  • Could the trooper have handled the situation differently without resorting to an arrest?
  • Was Bombard's gesture truly offensive enough to warrant an arrest?

Sources

99%

  • Unique Points
    • The state of Vermont agreed to pay $175,000 to settle a lawsuit filed on behalf of Gregory Bombard after he was charged for raising his middle finger at state trooper Jay Riggen.
    • ACLU Vermont filed the lawsuit accusing state trooper Jay Riggen of violating Bombard's First and Fourth Amendment rights.
    • Bombard was jailed and held for over an hour and his car was towed before the initial disorderly conduct charge was dismissed.
    • Under the June 12 settlement, the state of Vermont will pay $100,000 in damages to Bombard and $75,000 in attorneys’ fees to ACLU Vermont and FIRE.
  • Accuracy
    No Contradictions at Time Of Publication
  • Deception (100%)
    None Found At Time Of Publication
  • Fallacies (95%)
    No formal fallacies were found in the article. However, there is an example of inflammatory rhetoric and an appeal to authority. The inflammatory rhetoric comes from the description of the incident as “this incident should never have happened in the first place” and “police need to respect everyone’s First Amendment rights — even for things they consider offensive or insulting.” The appeal to authority is present when the article states that “According to the settlement, Riggen and the state of Vermont did not admit to the allegations against them in the lawsuit or any liability.” This implies that an official body has validated these claims.
    • ][The ACLU]’s Vermont chapter, which filed the lawsuit on behalf of the man, accused state trooper Jay Riggen of subjecting Gregory Bombard to an “unnecessary traffic stop and retaliatory arrest” that violated his First and Fourth Amendment rights.[]
  • Bias (100%)
    None Found At Time Of Publication
  • Site Conflicts Of Interest (100%)
    None Found At Time Of Publication
  • Author Conflicts Of Interest (100%)
    None Found At Time Of Publication

99%

  • Unique Points
    • The American Civil Liberties Union (ACLU) filed a lawsuit on Bombard’s behalf in 2021, arguing his rights were violated during an ‘unnecessary traffic stop and retaliatory arrest’.
    • Trooper Jay Riggen retired from the force on May 31.
    • The settlement includes $100,000 in damages to Bombard and $75,000 in attorneys’ fees to ACLU Vermont and FIRE.
  • Accuracy
    No Contradictions at Time Of Publication
  • Deception (100%)
    None Found At Time Of Publication
  • Fallacies (95%)
    The author does not commit any formal or informal fallacies in the article. However, there are a few instances of inflammatory rhetoric used by the lawyer representing Mr. Bombard and the ACLU staff attorney. These statements do not affect the overall argument or analysis of the article and do not impact the score significantly.
    • ][Jay Diaz, a lawyer who represented Mr Bombard,] told the New York Times that anyone who understands even the most basics of First Amendment 101 will understand that an officer can’t just take action and retaliate against someone, arrest them, put them in a cell just because the person bruises their ego.[/
  • Bias (100%)
    None Found At Time Of Publication
  • Site Conflicts Of Interest (100%)
    None Found At Time Of Publication
  • Author Conflicts Of Interest (100%)
    None Found At Time Of Publication

100%

  • Unique Points
    • Gregory Bombard was arrested in 2018 after brandishing his middle finger and cursing at a state trooper; he will receive $100,000 in damages from the state of Vermont.
    • A further $75,000 will cover legal fees incurred by the American Civil Liberties Union and the Foundation for Individual Rights and Expression, which filed the lawsuit on Bombard’s behalf.
    • Through the process of litigating the case, the ACLU and FIRE learned that the Vermont State Police only has First Amendment training as relates to crowds, not individuals.
  • Accuracy
    No Contradictions at Time Of Publication
  • Deception (100%)
    None Found At Time Of Publication
  • Fallacies (100%)
    None Found At Time Of Publication
  • Bias (100%)
    None Found At Time Of Publication
  • Site Conflicts Of Interest (100%)
    None Found At Time Of Publication
  • Author Conflicts Of Interest (100%)
    None Found At Time Of Publication

96%

  • Unique Points
    • Lawyers for Bombard claimed police violated First Amendment rights and circulated mug shot after arrest.
    • Retiring officer Jay Riggen did not concede wrongdoing in settlement, Vermont State Police declined to comment further.
    • Federal appeals court previously ruled that giving middle finger is a form of free speech.
  • Accuracy
    No Contradictions at Time Of Publication
  • Deception (100%)
    None Found At Time Of Publication
  • Fallacies (85%)
    The article contains an appeal to authority and inflammatory rhetoric. It also uses a dichotomous depiction of the police's actions.
    • . . . the state trooper . . . accused him of giving him the middle finger.
    • Dashcam footage shows Jay Riggen, the arresting officer, pulling over Mr. Bombard twice in St. Albans on Feb. 9, 2018, and accusing him of giving him the middle finger.
    • The state police declined to comment further.
  • Bias (100%)
    None Found At Time Of Publication
  • Site Conflicts Of Interest (100%)
    None Found At Time Of Publication
  • Author Conflicts Of Interest (100%)
    None Found At Time Of Publication

99%

  • Unique Points
    • Gregory Bombard was arrested and jailed for using profanity and giving a middle finger to a Vermont state trooper in February 2018.
    • The arrest violated Bombard’s First Amendment rights, as the expression was constitutionally protected.
    • Bombard sued the Vermont State Police and Trooper Jay Riggen for the violation of his rights.
    • The settlement includes $100,000 in damages and $75,000 in attorneys’ fees for Bombard.
  • Accuracy
    No Contradictions at Time Of Publication
  • Deception (100%)
    None Found At Time Of Publication
  • Fallacies (95%)
    The article contains an appeal to authority fallacy when it states 'FIRE and the ACLU of Vermont learned that the Vermont State Police did not have a general First Amendment policy or training for its officers.' This statement implies that the lack of a policy or training is problematic, but it does not necessarily mean that the police were in the wrong for arresting Bombard. Additionally, there are inflammatory rhetorical devices used throughout the article, such as 'silencing criticism' and 'retaliated against Bombard again,' which can be perceived as biased and emotive language.
    • ]FIRE and the ACLU of Vermont learned that the Vermont State Police did not have a general First Amendment policy or training for its officers.[
    • The Vermont State Police retaliated against Bombard again.
  • Bias (100%)
    None Found At Time Of Publication
  • Site Conflicts Of Interest (100%)
    None Found At Time Of Publication
  • Author Conflicts Of Interest (0%)
    None Found At Time Of Publication