Flipping off a police officer—making an obscene gesture by raising your middle finger—is a provocative act that raises questions about free speech, respect for authority, and the limits of the law. In New Mexico, as in much of the United States, the answer is nuanced and rooted in constitutional protections, state statutes, and practical realities.
First Amendment Protections
The act of flipping off a police officer is generally considered a form of expressive conduct protected by the First Amendment of the U.S. Constitution. Courts across the country, including federal appellate courts, have repeatedly held that non-threatening, offensive gestures toward law enforcement—such as raising the middle finger—fall within the realm of protected speech.
The U.S. Supreme Court has affirmed that the government cannot punish individuals simply for expressing disrespect or criticism toward police officers, as long as the conduct does not cross into true threats or incitement to violence.
New Mexico Law: Disorderly Conduct and Related Offenses
While the First Amendment offers broad protection, there are limits—especially if the gesture is accompanied by conduct that disturbs the peace or threatens public safety. In New Mexico, the relevant statute is Section 30-20-1, which defines disorderly conduct as engaging in “violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to disturb the peace”. However, courts in New Mexico have interpreted this law narrowly, especially when the alleged disorderly conduct is directed at police officers.
A key appellate decision in New Mexico emphasized that police officers are expected to tolerate a higher degree of verbal abuse or offensive language than ordinary citizens. The court stated that, without evidence of anything more than profane or vulgar remarks, there is insufficient basis to support a conviction for disorderly conduct based solely on what was said or gestured to officers.
This means that flipping off a cop, by itself, does not meet the threshold for disorderly conduct under New Mexico law, unless it is accompanied by additional disruptive or threatening behavior.
Other Potential Charges
There are other statutes that could, in theory, be invoked if the situation escalates:
- Resisting, Evading, or Obstructing an Officer (Section 30-22-1): This law makes it a misdemeanor to knowingly obstruct or resist an officer in the lawful discharge of duties. However, simply making a rude gesture, without interfering with police work, does not meet this standard.
- Provoking Speeches or Gestures (Section 20-12-71): This statute applies only to individuals subject to the New Mexico Code of Military Justice, not the general public.
Practical Realities and Risks
While it is not illegal to flip off a police officer in New Mexico, doing so is likely to draw negative attention and could escalate an encounter. Officers may become more vigilant, look for other infractions, or, in rare cases, attempt to justify a stop or arrest under vague charges. However, if the only “offense” is the gesture itself, any resulting arrest would likely be found unconstitutional, and could expose the department to civil liability for violating your rights.
“New Mexico is among the states that holds police officers to a higher standard of tolerance for abuse or offensive language. In fact, New Mexico decided this issue years ago… without evidence of anything more than profane and vulgar remarks, the evidence is insufficient to support [the defendant’s] [disorderly conduct] conviction based on what he said to the officers.”
Social and Professional Implications
While legally protected, flipping off a police officer is generally considered disrespectful and unwise. It can escalate tensions, provoke unnecessary conflict, and complicate interactions with law enforcement. Officers are trained to handle verbal provocation professionally, but not all may respond with restraint.
Flipping Off a Cop in New Mexico
| Issue | Legal Status | Notes |
|---|---|---|
| Flipping off a cop (gesture only) | Legal (protected speech) | Not a crime if not accompanied by threats or disorderly conduct |
| Disorderly conduct charge | Unlikely to apply | Requires more than offensive language or gestures |
| Resisting/obstructing an officer | Not applicable | Only if interfering with police duties |
| Military justice (provoking gestures) | Not applicable to civilians | Applies only to military personnel |
| Risk of arrest or escalation | Possible, but charges unlikely | May result in civil suit if rights violated |
In New Mexico, flipping off a police officer is not illegal and is protected by the First Amendment, provided it is not accompanied by threats or conduct that disturbs the peace. State law and court decisions make clear that officers are expected to tolerate a higher level of verbal and non-verbal abuse than ordinary citizens. However, while you cannot be lawfully arrested or convicted for the gesture alone, it is a provocative act that may escalate an encounter and is generally discouraged as a matter of prudence and respect
Sources:
- https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
- https://law.justia.com/codes/new-mexico/chapter-20/article-12/section-20-12-71/
- https://law.justia.com/codes/new-mexico/chapter-30/article-20/section-30-20-1/
- https://coa.nmcourts.gov/wp-content/uploads/sites/43/2024/01/March-11-2020-City-of-Las-Cruces-v.-Osbaldo-Flores-No.-A-1-CA-36660.pdf
- https://law.justia.com/codes/new-mexico/chapter-30/article-22/section-30-22-1/
