I haven't ready every reply to this topic (since it's 5 pages long) but I keep seeing the same assumptions being made. So, I'm sorry if I'm bringing up points that were already discussed.
1) It never says in the video that the guy flipped off the cop completely out of the blue. The video starts mid-sentence as he's saying "...so I gave him the finger for it". This implies the officer did something to instigate the initial gesture. On the other hand, the man says he frequently flips off deputies as he drives, so the fact that the officer did something this time could be irrelevant.
2) The video doesn't say exactly what the tickets were for. In the shot of the affidavit mentioned a lack of probable cause. This implies that he got tickets for something unrelated to flipping off the cop, but they only found the infraction because they pulled him over for the gesture. It's also possible that one ticket is for the gesture, and the other is for an unrelated infraction.
3) The US constitution does protect free speech in a very broad manner. However, different states (down all the way to the *county* level) can have different ordinances that restrict it. For instance, in some areas it is illegal to swear. While these laws are clearly unconstitutional, they are so rarely enforced that it never becomes an issue. It's possible that this man's gesture was in direct violation of an obscure state law or county ordinance that was only enforced because he "poked the bear". If it's determined by a higher court to be unconstitutional, than the ordinance is likely to be repealed.
4) The man is not suing for any set amount of money. It's also possible to not sue for cash at all. For instance, he can sue to have the tickets voided, which is the most likely outcome if he actually wins.
I'm aware that many people on this site are not US citizens, so maybe this seems like an odd conflict to have...the guy disrespected a cop, so he should be punished for it. In America, however, every citizen has the right to say whatever crazy crap they want as long as it isn't slanderous, nor does it direct others to violate the law (you can't go on national TV and call some random person a child molester, then tell everyone to lynch them). There are also a very few phrases specifically forbidden by federal law.
My point is, flipping off a police officer *is* protected speech, as long as he wasn't following the cop around to do so (at which point it can be argued that it's harassment). The assertion that a hand gesture isn't technically speech is bogus. Free speech pertains to all forms of communication...otherwise the government would be able to block the internet the same as China does. If you want to argue that flipping the bird isn't communication, then what's the officer so angry about? If the man wasn't trying to communicate something, then it's simply an extended finger, and there's nothing offensive about fingers.
