Flipping off a police officer—making an obscene gesture such as the middle finger—is not illegal in North Carolina in most circumstances. The courts have repeatedly recognized this act as protected free speech under the First Amendment, but there are important nuances and exceptions to keep in mind.
First Amendment Protection
- The act of giving a police officer the middle finger is generally considered expressive conduct protected by the First Amendment.
- The North Carolina Supreme Court has made clear that, while the gesture is rude and offensive, it does not, by itself, provide police with reasonable suspicion to justify a traffic stop or arrest.
Court Cases and Legal Precedent
- In the notable case of State v. Ellis, a North Carolina trooper stopped a vehicle after a passenger flipped him off. The state’s Court of Appeals initially ruled the stop was justified, suggesting the gesture could be considered disorderly conduct if it was likely to provoke a violent response.
- However, the North Carolina Supreme Court reversed this decision, holding that the gesture alone was “insufficient to provide reasonable suspicion” of disorderly conduct or a breach of the peace. The court emphasized that being rude or disrespectful is not a crime, and the Constitution protects even distasteful forms of expression.
Disorderly Conduct Exception
- North Carolina law prohibits gestures or language “plainly likely to provoke violent retaliation and thereby cause a breach of the peace”.
- In practice, courts have found that the middle finger alone, without more (such as inciting a crowd or escalating a confrontation), does not meet this standard.
- If the gesture is accompanied by threatening behavior, or is intended to incite violence in a particular context, it could potentially cross the line into disorderly conduct—but this is rare and requires more than the gesture alone.
Practical Considerations
- While it is legal, flipping off a cop is almost certain to draw negative attention and could result in being stopped or questioned, even if charges do not ultimately stick.
- Officers may try to justify a stop by claiming the gesture was directed at someone else or that it created a risk of a breach of the peace, but courts require more than just the gesture itself for this to hold up legally.
Summary Table: Flipping Off a Cop in North Carolina
| Action | Legal? | Notes |
|---|---|---|
| Flipping off a cop (no threats) | Yes | Protected by First Amendment |
| Flipping off a cop + threats | No | May be disorderly conduct if likely to provoke violence |
| Flipping off in a crowd, inciting unrest | No | Could be prosecuted if it causes a breach of peace |
It is not illegal to flip off a cop in North Carolina—the gesture is protected free speech. However, if the context suggests you are trying to provoke violence or cause a public disturbance, you could potentially face disorderly conduct charges.
Even though it’s legal, expect negative attention and possible police scrutiny if you choose to make the gesture.
Sources:
- https://www.carolinaattorneys.com/blog/can-you-give-police-the-middle-finger/
- https://www.thesnaponline.com/2019/08/07/court-rules-in-favor-of-trooper-who-charged-man-over-middle-finger/
- https://www.wakeforestlawreview.com/2019/09/as-free-as-a-bird-the-middle-finger-and-the-first-amendment/
- https://reason.com/2020/05/01/north-carolina-supreme-court-flipping-off-cop-did-not-justify-traffic-stop/
- https://firstamendment.mtsu.edu/post/flipping-off-police-officer-was-reason-enough-to-stop-suv-n-c-appeals-court-rules/