Several courts have found that the use of the middle finger toward a police officer is protected speech. See, e.g., Sandul v. Larion, 119 F.3d 1250, 1255 (6th Cir.1997); Duran v. City of Douglas, 904 F.2d 1378 (9th Cir.1990); Nichols v. Chacon, 110 F.Supp.2d 1099, 1102 (W.D.Ark.2000); Brockway v. Shepherd, 942 F.Supp. 1012, 1015 (M.D.Pa.1996); see also Commonwealth v. Kelly, 758 A.2d 1284, 1288 (Pa.Super.Ct.2000). Many of these decisions examine the issue in the context of an arrest under a disorderly conduct or related statute. They deal with whether the use of the middle finger and accompanying expletives is protected by the First Amendment or instead is obscene speech, fighting words, or otherwise unprotected by the First Amendment; and whether a police officer is entitled to qualified immunity for an arrest based in whole or in part upon this kind of expression. The instant action does not deal with an arrest pursuant to a disorderly conduct statute.