Is It really a 1st Amendment Right? Is it worth going to court over? Is it appropriate for a motorist to decide what is or is not a good use of police resources?
I'd have to see this 'provocation' statute, but this looks like the state is punishing a gesture designed to communicate contempt for its employee. Offensive speech often provokes agents of government power. Who cares if it is 'appropriate' for a motorist to decide what is or is not a good use of resources. He's not deciding. He is opining.
I think he'll win. Sounds like a state trooper got huffy. On the other hand when I was a cop I had a good reason to give someone the finger from my vehicle. Bloke crossing a road in the city mimed cocking a gun and firing it at me. I couldn't be bothered getting out to talk to him so he got the gesture and looked shocked by it. The trooper needs to grow a shell.
While it's an idiotic thing to do and done at one's own risk (because police are generally unpredictable creatures prone to committing violence), flipping the bird at any government servant is a right protected by the Bill of Rights.
It is unnecessarily disrespectful to law enforcement and yes, they are unpredictable so one should have enough sense to recognize that.