Flipping off a police officer in Colorado-meaning showing your middle finger as a gesture of insult-is generally legal and protected by the First Amendment’s guarantee of free speech. Both U.S. and Colorado courts have repeatedly affirmed that rude gestures and vulgar language directed at police officers, while disrespectful, are forms of expression protected under the Constitution.
What the Law Says
First Amendment Protections
- Flipping off a police officer is considered expressive conduct and is protected speech under the U.S. Constitution and Colorado law.
- There have been real cases in Colorado where citizens were arrested for swearing at or flipping off police officers, but those charges were later dropped, and in some instances, individuals received settlements for violations of their rights.
Disorderly Conduct Limits
- While the act itself is legal, Colorado’s disorderly conduct statute (C.R.S. 18-9-106) does set boundaries. If your gesture or words “tend to incite an immediate breach of the peace”-meaning they provoke violence or a serious disturbance-you could be charged with disorderly conduct.
- The key legal standard is whether your action is likely to cause an immediate violent reaction. Simply flipping off an officer, without more, usually does not meet this threshold.
Real-World Examples
- In Boulder County, a man who was arrested after swearing at a deputy received a $20,000 settlement when it was determined his First Amendment rights were violated1.
- Another Colorado resident had charges dismissed after flipping off a state trooper, again reinforcing that such gestures are protected speech.
Practical Considerations
- Even though it’s legal, flipping off a police officer is not recommended. Officers have considerable discretion and power during stops, and antagonizing them could lead to increased scrutiny or other legal issues, even if you ultimately win in court.
- If you feel mistreated by an officer, the best course is to comply physically, avoid escalating the situation, and file a formal complaint later.
| Action | Legal Status in Colorado | Possible Consequences |
|---|---|---|
| Flipping off a cop | Protected by First Amendment | Officer may react negatively |
| Flipping off + inciting violence | May be charged as disorderly conduct | Possible arrest/charges |
If you have more questions about your rights during police encounters or want to know how these laws apply in specific situations, feel free to ask!
Sources:
- https://www.colorado-criminal-lawyer-online.com/first-amendment-protects-us-fr/
- https://www.denvercriminalattorneylawyer.com/practice-areas/disorderly-conduct
- https://www.shouselaw.com/co/defense/laws/disorderly-conduct/
- https://94kix.com/colorado-middle-finger-cops/
- https://mylolowcountry.com/usa-laws/is-it-illegal-to-flip-off-a-cop-in-indiana-heres-what-the-law-says/
