Flipping someone off—especially a police officer—might feel satisfying in the moment, but can it get you in legal trouble in Massachusetts?
You might be surprised to learn that giving the middle finger to a cop, while rude and disrespectful, is not illegal under state or federal law. But just because it’s legal doesn’t mean it’s always a good idea.
Here’s what the law actually says about flipping off a cop in Massachusetts, and what you need to know if you’re ever tempted to do it.
The Story That Sparked the Question
A man recently got in touch with his lawyer after receiving a summons in the mail. His “crime”? While driving down a neighborhood street, he saw a police officer he believed was the one who arrested him in the past. Even though he had been found not guilty, he still held a grudge. So, in a moment of anger, he gave the officer the middle finger.
Soon after, he was charged with being a disorderly person. That led to the question: Is it really a crime to flip off a police officer in Massachusetts?
What Massachusetts Courts Have Said
A case from 2012—O’Brien v. Borowski—is important here. In this case, a man named O’Brien had a history with a police officer named Borowski. O’Brien swore at the officer, gave him the finger in public, and even made the gesture while driving past the officer’s house more than once. Eventually, a court gave the officer a harassment prevention order.
But when the case reached the Massachusetts Supreme Judicial Court, the order was overturned. The court explained that even though O’Brien’s behavior was crude, it was still protected by the First Amendment. In simple terms: giving a police officer the finger is a form of free speech.
Is It Disorderly Conduct to Flip Off a Cop?
In most cases, no. The law in Massachusetts says that disorderly conduct involves actions that go beyond just being rude or offensive. The district attorney would have to prove that your actions disturbed the peace, involved violence, or posed a real threat to public safety.
Just flipping someone off—even a police officer—isn’t enough to meet that legal standard. Speech alone, even offensive speech, usually isn’t enough for a disorderly conduct conviction.
So, Can You Legally Flip Off a Cop?
Yes, legally you can. The courts have ruled that making rude hand gestures or using strong language toward a police officer—no matter how disrespectful—is part of your constitutional right to free speech.
However, just because you can do something doesn’t mean you should.
Why You Still Might Want to Think Twice
Lawyers and civil rights experts often warn people: while your actions may be legal, police officers have a lot of power. If you flip off a cop, they may try to find another reason to pull you over, detain you, or write up a report that could lead to a charge.
As the original lawyer in this story put it: “Cops will figure out just what is necessary to put in their report to satisfy the elements of a criminal offense.” In short, while your gesture may be legal, it could lead to headaches, legal fees, or even court appearances.
In Massachusetts, flipping off a police officer is not against the law. Courts have ruled that it’s protected speech under the First Amendment. You can’t be legally punished just for making a rude gesture, even toward law enforcement.
That said, it’s probably best not to do it. While it may not be a crime, it could invite unnecessary trouble or legal issues, especially if the officer decides to respond in a negative way.
Being respectful—even when you’re frustrated—can help you avoid unwanted attention or complications, legal or otherwise.
