In Indiana, giving a police officer the middle finger-commonly known as “flipping off” or “flipping the bird”-is generally not illegal. Courts have consistently ruled that this gesture, while offensive to many, is a form of free speech protected by the First Amendment.
This protection applies unless your actions cross certain legal boundaries, such as inciting violence, making true threats, or causing a public disturbance.
Legal Precedents and Real Cases
Several cases in Indiana and across the country have tested this issue:
- In 2018, an Indiana man was ticketed for “provocation” after flipping off a state trooper. He challenged the ticket, and the conviction was ultimately dismissed on appeal, with courts recognizing his gesture as protected speech.
- The Sixth Circuit Court of Appeals has ruled that giving a police officer the middle finger does not provide probable cause for a traffic stop or arrest, reaffirming that such a gesture is protected by the Constitution.
When Flipping Off a Cop Is Not Protected
There are important exceptions. Your gesture is not protected if it is accompanied by:
- Violent threats
- Incitement to illegal acts or riots
- Obscenity involving minors
- Actions that cause a public disturbance or threaten safety
In these cases, you could be charged with disorderly conduct, disturbing the peace, or similar offenses, depending on your behavior and local ordinances.
Practical Considerations
While it is legal, flipping off a police officer is rarely advisable. Police have broad discretion in their interactions and may respond with increased scrutiny, questioning, or by looking for other legal reasons to detain you. Even if your rights are later upheld, dealing with the aftermath can be stressful and time-consuming.
Flipping off a cop in Indiana is not illegal and is protected as free speech under the First Amendment, unless it is part of conduct that is threatening, incites violence, or causes a public disturbance.
However, such actions may draw unwanted attention from law enforcement and could escalate the situation, so exercising caution and respect is always recommended.
Sources:
- https://suhrelawindianapolis.com/blog/can-arrested-flipping-off-cops/
- https://103gbfrocks.com/indiana-police-middle-finger/
- https://www.courthousenews.com/flipping-off-cops-is-free-speech-sixth-circuit-rules/
- https://mylolowcountry.com/usa-laws/is-it-illegal-to-flip-off-a-cop-in-indiana-heres-what-the-law-says/