Flipping off a police officer-a gesture commonly known as “giving the finger” or “flipping the bird”-raises questions about free speech, disorderly conduct, and police authority. In Minnesota, as in much of the United States, the law draws a line between protected expression and criminal conduct. Here’s a detailed look at what the law says, how courts have ruled, and what you should know about the risks and rights involved.
Flipping Off a Cop: Protected Speech or Criminal Act?
The act of flipping off a police officer is generally considered a form of expressive conduct under the First Amendment, which protects free speech-including gestures that are offensive or disrespectful. Courts across the country, including federal courts, have consistently held that non-threatening gestures-even those directed at law enforcement-fall within the boundaries of constitutionally protected speech.
Minnesota Case Law and Precedents
A notable case from New Hope, Minnesota, involved a driver who was pulled over after making a middle-finger gesture to a police officer. The officer initially stopped the driver for a supposed license plate violation but also arrested him for disorderly conduct after the gesture.
The driver challenged the arrest, arguing that his First Amendment rights had been violated. The federal court acknowledged that the middle-finger gesture was protected expressive conduct under the First Amendment.
However, the court ultimately ruled against the driver-not because of the gesture, but because the officer had “reasonable suspicion” to stop the vehicle for the alleged license plate violation.
This case highlights a crucial point: while the gesture itself is protected speech, police can still lawfully stop or arrest someone if there is an independent, legitimate reason for doing so (such as a traffic violation). The gesture alone, without more, is not sufficient grounds for a stop or arrest.
Disorderly Conduct and “Fighting Words”
Minnesota’s disorderly conduct statute criminalizes behavior that is “offensive, obscene, abusive, boisterous, or noisy,” or language that tends to “arouse alarm, anger, or resentment in others”. However, courts have clarified that not all offensive speech or gestures qualify as disorderly conduct.
For example, “fighting words”-those likely to provoke a violent reaction-are not protected, but the threshold is high. Mere insults or gestures like flipping the bird typically do not meet this standard unless accompanied by threats or conduct that escalates the situation.
Federal Court Decisions and Broader Legal Context
Federal courts have reinforced that flipping off a police officer, while crude, is not illegal and does not provide a lawful basis for a stop or arrest. A 2021 decision from the U.S. Court of Appeals for the Eighth Circuit (which includes Minnesota) ruled in favor of a Minnesota man who was pulled over and arrested after flipping off a police officer, finding that the gesture was protected by the First Amendment. Other courts have reached similar conclusions, and settlements have been awarded to individuals who were unlawfully arrested for such gestures.
Key Takeaways
- Not Illegal by Itself: Flipping off a police officer in Minnesota is not, by itself, illegal. It is generally protected by the First Amendment as a form of free speech.
- Context Matters: If the gesture is accompanied by threatening behavior or disrupts public order, it could potentially lead to charges such as disorderly conduct-but the gesture alone rarely meets this threshold.
- Police Retaliation: While the law protects the gesture, police may still find other reasons to stop or cite individuals. If an arrest or citation is solely due to the gesture, it may be grounds for a civil rights lawsuit.
- Practical Risks: Exercising this right can escalate tensions and lead to unpleasant encounters, even if the law is on your side. Courts may ultimately vindicate your rights, but the process can be lengthy and stressful.
Flipping off a cop in Minnesota is not illegal and is protected by the First Amendment, as long as it is not accompanied by threats or conduct that could be considered disorderly. However, the context of the interaction and the officer’s response can complicate matters. While you have the right to express yourself-even rudely-against government officials, doing so carries practical risks that go beyond the letter of the law.
Sources:
- https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
- https://firstamendment.mtsu.edu/post/judge-dismisses-free-speech-case-over-middle-finger-gesture-to-police/
- https://aacriminallaw.com/what-constitutes-disorderly-conduct-in-minnesota/
- https://newscut.mprnews.org/2019/03/court-cop-cant-stop-driving-for-middle-finger/index.html
- https://www.northstarcriminaldefense.com/flipping-the-bird-to-cops-stop/
