Flipping off a police officer, commonly referred to as “giving the finger,” may seem like a harmless gesture, but it has led to confusion and legal challenges across the U.S. In Pennsylvania, and many other states, the simple act of flipping off a cop is not illegal in itself.
However, it can raise questions about free speech, public disorder, and police authority. Here’s what the law really says about this action and the legal precedents involved.
The Legal Standpoint on Flipping Off a Cop
While flipping off a police officer is often seen as a disrespectful gesture, it does not necessarily provide law enforcement with the legal grounds to stop or arrest an individual.
In fact, a ruling by the U.S. Court of Appeals for the 2nd Circuit in January 2023 affirmed that “flipping off” a cop is not a valid reason for a police officer to stop a driver or arrest someone. The court referred to the gesture as an “ancient insult” and stated that it cannot be the basis for “reasonable suspicion” of criminal activity.
This ruling followed a case involving John Swartz, who was arrested in May 2006 after he made the gesture at a police officer using a radar device in St. Johnsville, New York. Swartz, who was later charged under New York’s disorderly conduct statute, argued that the arrest was based on an action protected under the First Amendment: freedom of speech.
The Case of John Swartz: A Landmark Legal Battle
In John Swartz’s case, he and his wife sued two police officers after he was arrested for flipping off an officer. He was charged with disorderly conduct, but the charges were eventually dropped due to speedy trial issues. Despite this, the case continued to raise important questions about whether such a gesture could lead to an arrest under disorderly conduct laws.
The case was brought before the U.S. Court of Appeals for the 2nd Circuit, which ruled in favor of Swartz and against the officers involved.
The court determined that making an obscene gesture, like flipping off an officer, did not amount to sufficient cause for a traffic stop or arrest unless there was additional evidence suggesting criminal activity.
Does Flipping Off a Cop in Pennsylvania Lead to Arrest?
Based on the ruling in the Swartz case, flipping off a cop in Pennsylvania cannot serve as a justification for police to stop your vehicle or charge you with a crime unless there is additional behavior that indicates a violation of the law. Simply making a gesture, no matter how disrespectful, falls under protected speech.
The First Amendment of the U.S. Constitution guarantees freedom of expression, which includes the right to make gestures that may be offensive but are not inherently illegal.
Police officers must have a reasonable basis—such as observing reckless driving or criminal activity—before they can make a traffic stop or arrest someone. Simply flipping off an officer is not enough.
What Should You Know About Disorderly Conduct Laws?
While flipping off an officer is not in itself illegal, Pennsylvania law, like many other states, includes laws on disorderly conduct that could apply in situations where a person’s actions disrupt public peace.
Disorderly conduct typically involves actions that are likely to provoke violence or disturb the peace. However, even in cases of disorderly conduct, context matters—such as the situation surrounding the incident and whether any escalation occurred.
In the case of flipping off an officer, unless there is an act that disrupts public order or leads to a confrontation, it is unlikely to fall under disorderly conduct laws. The law provides protections for freedom of speech, and courts have typically sided with individuals when it comes to expressing displeasure, even through gestures.
Flipping off a cop in Pennsylvania, or anywhere else, is not illegal by itself. The gesture might be considered disrespectful, but it is not grounds for a traffic stop, arrest, or disorderly conduct charge unless there is other illegal activity involved.
As long as the gesture doesn’t lead to an actual public disturbance or escalate into violence, it remains within the bounds of free speech protected by the First Amendment.
So, while it may not be wise to make such gestures, you won’t be arrested in Pennsylvania simply for expressing your frustration with a police officer through a raised middle finger.
