Using the hand signal rooted in ancient times and popularly known today as "shooting the bird" may be rude, but it's not necessarily disorderly conduct, a Texas appeals court has ruled.

At issue for the 3rd Court of Appeals in Austin was whether Robert Lee Coggin incited "an immediate breach of the peace" when he allegedly gestured at a motorist with his raised middle finger two years ago as the former Lockhart resident tailgated a slow-moving vehicle in the left lane of U.S. 183.