The finger. The bird. Flipping someone off. Whatever you call it, it’s a rude gesture meant to express disdain and provoke a reaction.
So, if you flip off a cop, can you get arrested?
In January 2013, a federal court said no. Hurrah for freedom of expression!
But not so fast. Just because you can legally give a police officer the finger doesn’t mean you should. Here are a couple reasons not to “express yourself” this way in front of an officer of the law.
Yes, you can legally give a police officer the middle finger…
First, let’s review the case that led to the federal appeals court’s decision.
In May 2006, John Swartz was driving in upstate New York with his wife. Swartz saw a police officer using a radar detector and gave the officer the finger from his car in protest. The officer, Richard Insogna, followed Swartz to his destination and pulled him over in a traffic stop. Insogna called for backup, and at one point Swartz said, “I feel like an ass,” at which point he was arrested for disorderly conduct. Swartz and his wife filed suit, and the case made it to the U.S. Court of Appeals for the 2nd Circuit, which found that the gesture is not a legitimate reason for arrest.
The officer said he believed Swartz was signaling to him with the gesture, and his concern for the passenger, Swartz’s wife, caused him to initiate the traffic stop. But the court didn’t buy this explanation, saying, “The nearly universal recognition that this gesture is an insult deprives such an interpretation of reasonableness . . . [It] is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity.” (Emphasis original.)
. . . but don’t do it; it’s not a very dignified way of expressing yourself
The First Amendment protects your right to freedom of speech, and the 2013 federal court decision set a precedent, protecting the freedom to flip off a police officer. But isn’t there a better way to express your discontent?
Washington State attorney Larry Jerome Couture sums up the common sense on this issue, saying, “It is normally not criminal to make a rude gesture at a police officer as it is a form of speech. However, it generally shows your lack of character, good sense, and dignity.”
You might get arrested anyway
There are no laws explicitly outlawing giving the middle finger to a police officer or anyone else. But that didn’t stop the officer in Swartz’s case from finding, or perhaps inventing, a reason to confront him. Swartz called attention to himself by making the gesture, and the officer noticed.
If you make a rude gesture or remark to an officer of the law, don’t be surprised if the officer finds a reason, any reason, to confront you. Even if you’re ultimately right, a wrongful arrest and long court process is not a fun prospect. (Though if that does happen, definitely find a lawyer as soon as possible.)
A 2008 law review titled The Middle Finger and the Law cites several instances of arrests made after someone used such a gesture. “You may be unpleasantly surprised how creative the arresting authorities will be when you resort to this irrational behavior that may possibly cost you time, money, and adverse criminal history in the long run,” says Chicago attorney Alexander M. Ivakhnenko. “I do not recommend it.”
What do you think? Would you flip off a cop or would you be afraid of being arrested anyway?
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18 comments
Michelle
I work late and have a super tiny car. People always rush up behind me when driving through town and I always switch lanes so they can pass before they honk, flash their lights, tale gate me, distract me to the point I stare at them and not the road where there is a constant flow of pedestrians. Tonight I was particularly tired and thriving maybe 20 in a 25 and these two huge SUV s came up. I went to switch and they both did at the same time. Slamming their breaks and switching back into the original lane. Bunch of ass holes. I just casually flipped the bird before realizing it was a cop and an undercover. I'm like fuck me right. Last thing I need at 2 am is an arrest. Good to know it's technically not illegal.
Me
Loved how #AllLifeMatters
Keep proving they dont "all matter"
Say what you really mean
All Lives Matter Except Black Lives.
Austin
I did officer pulled me over then pulled his gun on me I'm a Hispanic male
SnallCopCitiesSuck
Recently, my dads neighbor pressed harassment charges on me because I posted on FB my dads No Trespassing signs were to protect him under the new Stand Your Ground Law. They told the cop that they found it threatening to them (they had chased my dads dog into his yard then stood in my dads garage and threatened his dog). The cops didn't do anything. The cops assume I am guilty even before I am proven guilty. They refuse to help my dad as the neighbors stalk him. And, when I call the cops they say things like, "well, you said we are lazy pieces of shit."
Well...if the shoe fits. ??
Blork
Cops are thugs plain and simple. I hope more get what they deserve.
Anthony Gray
I've been stopped many times by the cop without even a raised voice coming my way. But the one time I had a black person in the car, holy christ, how things were different. Stopped for going 76 in a 70. My friend, who happens to be a Doctor, an MD, was told to get out of the car, not me. He was handcuffed and searched, not me. He was forced to lie face down in a puddle of water, not me. He had a cops boot stuck in his back while prone, not me. Measnwhile seven, SEVEN more cop cars showed up. Finally I was told to get out. I still haven't been asked for my DL or any ID. I was questioned for five minutes without being restrained in any way. I was even asked which bags in the car were mine. After I did so, only his bags were searched, and that was done by emptying them asll over the side of the road. EVERYTHING just thrown about. After not finding anything(I'm sure that knowing he was a Doctor they were hoping to find ANY meds), they un-cuffed him we started to pick his things up. This is when I was finally threatened with something. I would be arrested if I helped him pick his things up. Now...Only two of the eight officers present did all the talking. But when I hear people say there are only a few bad apples I say bullshit. Because the six that allowed them to do and say all this are complicit. I don't believe one story that comes out of cops mouths these days. The cops who think they're good are the reason these things keep happening. It'll only get better from within.
Clinton
You should be very afraid to provoke a law enforcement officer in the USA. They can do anything they want to you. They can arrest you for no good reason, simply make one up. They know the charges won't stick and will probably be dropped by the DA but that's not the point. They simply want to punish you for not showing them the proper respect they feel they deserve. If you argue with them or try any of that "standing up for your rights" BS that you see on YouTube, you will find yourself arrested. Sure the DA will probably drop the charges, but you will still have the arrest on your record and still have to pay to bail yourself out of jail and perhaps even appear in court. Americans have no rights except the rich that can afford to fight in court. In the end though, we all lose. The ABSOLUTE best advice, always be polite, follow their instructions, and NEVER argue!
Corey
Cops are heartless bastards... they will basically give you a ticket for anything if they see it.
Adam
I had so much respect to law enforcement people but after one incident when I got pulled over for nothing , I lost faith and started to hate all cops. This cop told me that I was 15 MPH over the speed limit and I was driving within the speed limit and I had the GPS tracking to prove it. When he read my last name and found out that I was an Arab American. He came back with the citation, but this time instead of 15 MPH over the speed limit he increased it to 18 MPH. When I confronted him, his reponse was that he missed spoken. I went to court and the judge won't even listen to what I had to say or even look at the GPS speeding track records.
From that moment on I hate every cop I see. Now that I learned it is legal to show them the middle finger, they will see it from me.
Merlin
Your style is really unique in comparison to other people I have read stuff from.
Many thanks for posting when you have the opportunity, Guess I will
just bookmark this site.
Scott
Cops will kill you. Until congress passes laws changing police liability, and the courts actually lock them up when they murder people, instead of giving them a paid vacation, and the victims families millions of tax payer dollars, the rampant murder of US citizens by police will continue.
AfroAmerican
I'm black and I'm afraid to even look at any cop in the eye. They will hunt you down and shoot you if you're black. I once got jumped by 6 police officers just by saying "hello" to one of them . I told them I wasn't doing anything wrong and that I couldn't breathe. Black Lives Matter
AllLivesMatter
Sure you did.
Chris
Cops are nothing but liars. They will say or promise you anything to get what they want. I think everyone should flip off liars.
Dorothy Anderson
Maybe but not very smart!
M
With the way police are using deadly force and the attention surrounding it, I currently wouldn"t recommend expressing our consititutional right of freedom of speech. It is not worth anyone life to flip off a cop. Especially, if you are an young adult african american male. I hope these issues with deadly force and the apparent prejudice with young adult african american males in particular will end soon.
Steve
Are you a comedian? That was a joke, right?
Dan
Is it illegal to ask the officer to remove his badge and gun and fight you?