Giving a police officer the middle finger, also known as “flipping the bird”, is a rude hand gesture that conveys contempt or protest. Though considered protected free speech, it can land you in legal trouble depending on the situation and location.
Is it illegal to flip off a cop?
In most cases, simply giving a police officer the middle finger is not illegal. The Supreme Court has ruled that flipping off a police officer is a protected form of free speech under the First Amendment. However, context matters. There are certain situations where giving an officer the finger could lead to legal consequences:
- If doing so causes a dangerous traffic situation or public disturbance, you could be cited for disorderly conduct or similar offenses.
- If coupled with threatening language or behavior, it could potentially be considered assault.
- If done in front of a minor, you could be charged with committing an act of lewdness in the presence of a child.
Additionally, some states and local jurisdictions have laws against making obscene gestures, which could include extending a middle finger. These types of laws have been challenged though, with courts often ruling them unconstitutional.
What are the most common legal repercussions?
While getting arrested solely for flipping off a cop is unlikely, they do have discretion to make arrests or issue citations if they feel your actions have gone too far. Some of the most common legal repercussions include:
- Disorderly Conduct – If your conduct is deemed dangerous or disruptive to others, this misdemeanor charge is possible.
- Disturbing the Peace – Similarly, if your actions have disturbed others around you, this charge may apply.
- Traffic Violation – If flipping off a cop while driving causes an unsafe traffic situation, you could get cited.
- Obstruction of Justice – If your behavior obstructs an officer while performing official duties, this charge is possible.
Penalties if convicted could include fines, probation, community service, anger management classes, or even jail time in extreme cases.
Can you sue for getting arrested?
You may be able to sue for false arrest or violation of your constitutional rights if you were arrested solely for flipping off a police officer, without any other crimes committed. A civil rights lawsuit against the police department or municipality is possible under Section 1983 of the U.S. Code.
To successfully win monetary damages, you would need to prove:
- Your conduct was protected under the First Amendment
- You were illegally detained or arrested
- The officer was acting under color of law
- Your constitutional rights were clearly violated
However, police officers also have qualified immunity, meaning they can’t be held civilly liable unless they should have reasonably known they were violating your rights. Given the complexities, consulting an experienced civil rights attorney is advisable if considering legal action.
What states have laws about obscene gestures?
While most states do not specifically prohibit middle finger gestures, some do still have old laws on the books regarding obscene hand gestures. States that currently have such laws include:
| State | Law Summary |
|---|---|
| Michigan | Illegal to make an obscene or indecent gesture in public |
| Mississippi | Unlawful to make an offensive gesture in public |
| Pennsylvania | Illegal to make lewd, lascivious or indecent gestures in public |
| Tennessee | Unlawful to make an offensive gesture with the intent to provoke violent or disorderly response |
However, courts have struck down charges brought under these types of laws when solely concerning giving the middle finger to an officer, finding them overly broad limitations on free speech.
What are the punishments if convicted under these laws?
Punishments for making an obscene gesture conviction vary by state, but commonly include:
- Misdemeanor charge
- Fines up to $500 in some states
- Up to 90 days in jail in some locales
- Probation or community service may also be imposed
But again, these laws have faced constitutional challenges when applied to simply flipping off police. Many legal experts argue their vagueness could allow punishment of protected speech and expression.
Can police confiscate your camera for photographing or video recording them?
In general, no. Police cannot legally confiscate or demand to view your camera or device without a warrant simply for photographing or video recording them, including while being flipped off. Courts have ruled these actions are protected by the First Amendment.
However, some exceptions apply where officers may quickly seize a camera without a warrant:
- Exigent circumstances – If footage needs to be immediately preserved as evidence related to a serious crime or to identify a suspect who presents a danger to the public.
- Search incident to arrest – If you are being lawfully arrested, footage may be seized if it’s relevant to the alleged offense.
Absent those types of situations, confiscating cameras or footage just because an officer was flipped off is usually unlawful without a court order. If it happens, legal help should be sought.
When can you successfully sue police for violating your rights?
You may have grounds for a civil rights lawsuit against police officers who violate your Constitutional protections, such as:
- Violating your First Amendment rights to record them or express yourself (like extending a middle finger)
- Unlawfully detaining, arresting, or using excessive force against you
- Improperly confiscating your camera or footage without a warrant
Key elements for a successful Section 1983 claim against law enforcement include:
- Acting under “color of law” by abusing their authority as police
- Violating your clearly established Constitutional or civil rights
- Causing you quantifiable damages
However, qualified immunity for police officers presents a hurdle. A civil rights lawyer can advise if you have a case and handle the litigation process.
What are your options if you are arrested for flipping off police?
If arrested for extending your middle finger toward officers, remain silent and contact a criminal defense lawyer immediately. Do not try talking your way out of it or resist. Your options include:
- Fighting the Charges – A lawyer may get charges dismissed by challenging the constitutionality or arguing you were engaged in protected free speech.
- Plea Bargain – Agree to plead guilty in return for reduced charges or lighter sentencing.
- Trial – Take your case before a judge or jury trial and seek full acquittal.
An experienced attorney can advise the best approach based on the specifics of your case and jurisdiction.
Conclusion
While extending a middle finger toward police officers is generally permissible free speech, context matters. You could face charges like disorderly conduct or traffic violations if your conduct goes beyond just the gesture to actively disruptive or dangerous behavior. Most obscene gesture laws have faced challenges as well when applied solely to flipping off cops. If you are arrested solely for giving police the finger without any other crimes, consulting a civil rights lawyer to protect your First Amendment protections is advisable.