Flipping off a police officer in Nebraska is not illegal and is generally protected by the First Amendment as a form of free speech.
This gesture, while disrespectful or offensive, has been consistently upheld by federal courts as constitutionally protected expressive conduct, provided it is not accompanied by threats or actions that could be construed as disorderly conduct or another crime.
Legal Precedent and Free Speech
- Protected Expression: Courts across the U.S., including appeals courts, have ruled that giving the middle finger to police officers is a form of expressive conduct protected by the First Amendment. The act alone does not provide lawful grounds for arrest or citation.
- Nebraska Law: There is no Nebraska statute that specifically makes flipping off a police officer a crime. The ACLU of Nebraska affirms your right to free expression and to remain silent with law enforcement.
Important Caveats
- Context Matters: If the gesture is accompanied by threatening language or physical actions, or if it escalates to behavior that disturbs the peace, it could cross into criminal conduct such as disorderly conduct or making threats.
- Officer Discretion: While it is not illegal, being disrespectful may increase scrutiny from law enforcement. Officers might look for other violations or reasons to detain you if you antagonize them, even if the gesture itself is not a crime.
Real-World Examples
- Court Rulings: In several cases, courts have dismissed charges against individuals for flipping off police, emphasizing that “fits of rudeness or lack of gratitude may violate the Golden Rule. But that doesn’t make them illegal”.
- Qualified Immunity: Police officers are generally protected from lawsuits unless it’s clear that a constitutional right was violated. However, there are successful cases where officers faced consequences for retaliating against protected speech.
Summary Table
| Action | Is It Illegal in Nebraska? | Notes |
|---|---|---|
| Flipping off a cop (gesture) | No | Protected by First Amendment |
| Accompanied by threats | Yes | Could be disorderly conduct or another crime |
| Causes public disturbance | Yes | Could lead to arrest for disorderly conduct |
Flipping off a cop in Nebraska is not illegal and is protected by your constitutional right to free speech. However, if your actions escalate to threats or public disturbance, you could face legal consequences. Always exercise your rights responsibly and be aware of the potential for increased police scrutiny, even when you are within your legal rights.
Sources:
- https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
- https://www.talksonlaw.com/briefs/can-you-be-arrested-for-giving-the-finger-to-police
- https://nebraskalegislature.gov/laws/statutes.php?statute=28-638
- https://www.youtube.com/watch?v=FAolt2aJAAM