Flipping off a police officer—using the middle finger as a gesture of insult or protest—is not illegal in Vermont. In fact, it is protected speech under the First Amendment of the U.S. Constitution.
First Amendment Protection
Multiple recent legal cases in Vermont have firmly established that giving the middle finger to a police officer, even if considered offensive or insulting, is a form of expressive conduct protected by the First Amendment. This means you cannot be lawfully arrested or cited simply for making this gesture at law enforcement.
A notable example is the 2018 case of Gregory Bombard, who was pulled over and arrested after allegedly flipping off a Vermont state trooper. Bombard was charged with disorderly conduct, but the charges were later dropped.
He subsequently sued the Vermont State Police, arguing that his constitutional rights were violated. The state settled the case in 2024, awarding Bombard $175,000 in damages and legal fees. The court and legal experts agreed: the officer’s actions were an illegal retaliation for protected speech.
What the Courts Say
- The First Amendment “protects the right to engage in offensive speech directed at government officials, including profanity and — yes — the middle finger”.
- Police cannot lawfully stop, detain, or arrest someone solely for making rude or critical gestures or comments, as long as those actions do not include threats or incitement to violence.
- Legal experts and civil rights organizations emphasize that law enforcement must respect individuals’ rights to criticize or insult them, no matter how offensive.
Important Caveats
- Context matters: While flipping off a cop is protected speech, actions that cross into threats, incitement, or physical interference with police duties are not protected.
- Retaliatory arrests are illegal: If an officer arrests or detains you solely for making an insulting gesture, that is a violation of your constitutional rights and may be grounds for a lawsuit.
It is not illegal to flip off a cop in Vermont. The gesture is protected by the First Amendment as free speech. However, while you have the right to express yourself in this way, doing so may still provoke a reaction from law enforcement—so exercise your rights thoughtfully and be aware of your circumstances.
Sources:
- https://www.thefire.org/news/victory-vermont-man-jailed-flipping-cop-receives-175k-settlement
- https://www.independent.co.uk/news/world/americas/vermont-middle-finger-arrest-settlement-b2570051.html
- https://www.yahoo.com/news/driver-said-giving-police-middle-181354086.html
- https://reason.com/2024/07/18/man-who-was-arrested-for-flipping-off-cop-settles-for-175000/
- https://www.thefire.org/news/lawsuit-vermont-man-sues-after-being-arrested-flipping-police