Scalia's gesture examined

As we noted in an earlier post, the Boston Herald reported on Monday that Justice Scalia had flipped the bird to its reporter and photographer while in a Catholic Church on Sunday.

Yesterday (or perhaps the day before) Scalia sent a scathing letter to the Boston Herald, saying that the reporter was wrong, that the gesture was not lewd, and essentially said that the reporter was an anti-Italian racist.

Today, the Herald shoots back, together with the photo:

Amid a growing national controversy about the gesture U.S. Supreme Court Justice Antonin Scalia made Sunday at the Cathedral of the Holy Cross, the freelance photographer who captured the moment has come forward with the picture.

“It’s inaccurate and deceptive of him to say there was no vulgarity in the moment,” said Peter Smith, the Boston University assistant photojournalism professor who made the shot.

Despite Scalia’s insistence that the Sicilian gesture was not offensive and had been incorrectly characterized by the Herald as obscene, the photographer said the newspaper “got the story right.”

Smith said the jurist “immediately knew he’d made a mistake, and said, ‘You’re not going to print that, are you?’ ” …

Smith was working as a freelance photographer for the Boston archdiocese’s weekly newspaper at a special Mass for lawyers Sunday when a Herald reporter asked the justice how he responds to critics who might question his impartiality as a judge given his public worship.

“The judge paused for a second, then looked directly into my lens and said, ‘To my critics, I say, ‘Vaffanculo,’ ” punctuating the comment by flicking his right hand out from under his chin, Smith said.

The Italian phrase means “(expletive) you.”

Yesterday, Herald reporter Laurel J. Sweet agreed with Smith’s account, but said she did not hear Scalia utter the obscenity.