In New York, flipping off a police officer is not illegal and is actually protected by the First Amendment as a form of free speech.
Despite how provocative or rude the gesture may seem, federal courts, including those with jurisdiction over New York, have consistently ruled that giving a police officer the middle finger is a constitutionally protected form of expression.
The Legal Precedent: A Notable 2013 Decision
A key legal case involving this issue came in 2013, when the U.S. Court of Appeals for the 2nd Circuit, which covers New York, sided with a man who was arrested for flipping off a police officer.
The court ruled that this gesture is protected expressive conduct under the First Amendment, affirming that it falls within citizens’ rights to express opinions, even if they are offensive or provocative.
In this case, the court found that flipping off a cop does not constitute a crime or disorderly conduct by itself. Therefore, a police officer cannot lawfully arrest, ticket, or detain you simply for making this gesture.
What This Means for You
Although flipping off a cop is legal in New York, it’s important to note that while the act itself is protected speech, it could still provoke a negative response from law enforcement.
Officers may try to find another reason to stop you, issue a citation, or detain you, but as long as your actions do not include threats, incitement to violence, or interference with police duties, flipping off a cop remains protected under the law.
Flipping Off a Cop Is Legal, But It Can Have Consequences
In New York, flipping off a police officer is a constitutionally protected form of free speech, and you cannot be arrested or cited solely for making the gesture.
However, it’s important to remember that police may still respond negatively to the gesture, and additional actions that interfere with police duties or escalate the situation can lead to legal consequences.
[1] https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
[2] https://www.shubinlaw.com/flipping-off-police-officers-constitutional-federal-court-affirms/
[3] https://www.talksonlaw.com/briefs/can-you-be-arrested-for-giving-the-finger-to-police
