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GOLDEN, Colo.—The Colorado State Patrol has asked that prosecutors drop a criminal harassment charge against a 35-year-old Colorado man accused of displaying his middle finger to a state trooper.

Denver’s KMGH-TV reports the State Patrol said Friday that the Jefferson County district attorney’s office has filed a motion to dismiss the case against Shane Boor. Patrol officials say the alleged action is protected free speech.

That’s the argument made by the American Civil Liberties Union, which had offered free representation to Boor.

Boor has said he extended his middle finger when he saw a trooper pull a car over while driving to work April. He was later stopped and received a summons for a harassment charge. The charge carries a penalty of up to six months in jail.

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Information from: KMGH-TV,

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