Giving the finger could get you a felony charge...

In a New Hampshire town, a man was charged with a felony for showing his middle finger. Granted, he was violating a protective order by making the gesture at the person who filed it. The courts expect to dismiss the case but still...

Should he even be charged? I mean, I wouldn't like it if someone gave me the finger, but technically isn't it their first amendment right? And as long as it was from a distance did it violate the protective order? Maybe I should research the law on that one....