Flipping off a police officer—raising your middle finger or using profanity—may be disrespectful, but it is generally protected speech under the First Amendment in Kansas. This means it is not, by itself, a crime.
The Olathe Case: Legal Precedent
A notable Kansas case involved Scott Schaper, who was ticketed for disorderly conduct after flipping off an Olathe police officer. Schaper challenged the ticket, arguing that his gesture was protected by the U.S. Constitution.
The city eventually dropped the ticket, paid Schaper $4,000 in a civil rights settlement, and agreed to retrain officers to recognize that such gestures are protected speech.
What This Means for You
- You cannot be legally ticketed or arrested solely for flipping off or using profanity toward a police officer, as long as your actions do not escalate to threats, incitement, or other illegal conduct.
- Police officers in Kansas are now required to recognize this form of expression as protected, even if it is offensive.
Important Caveats
- While it is legal, being disrespectful can still escalate a situation and may lead officers to look for other violations.
- If your actions go beyond mere gestures or words—such as making threats or interfering with police duties—you could still face legal consequences.
Flipping off a cop in Kansas is not illegal and is protected by the First Amendment, but it is not recommended as it can escalate tensions and lead to other complications.
Sources:
- https://www.cbsnews.com/news/kansas-man-who-flipped-off-cop-gets-4000/
- https://www2.ljworld.com/news/2010/apr/17/man-who-flipped-cop-receives-4000/
- https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
- https://www.police1.com/legal/articles/kan-man-ticketed-for-flipping-off-cop-gets-4000-qRgARIy49AGdDgSk/