Flipping off a police officer-commonly known as “giving the finger”-is generally considered a form of expressive conduct protected by the First Amendment in the United States. Both the Supreme Court and lower courts have ruled that this gesture, while offensive, qualifies as protected free speech.
Arizona Law and Disorderly Conduct
Arizona’s disorderly conduct statute (ARS 13-2904) makes it illegal to use abusive or offensive language or gestures “in a manner likely to provoke immediate physical retaliation,” or to otherwise disturb the peace. This means that while flipping off a cop is not specifically illegal, the context matters:
- If your gesture is done calmly and without intent to provoke violence or disrupt public order, it is likely protected speech.
- If your gesture is accompanied by threatening behavior, loud yelling, or is done in a way that could incite a violent response, police may claim it constitutes disorderly conduct, which is a misdemeanor offense in Arizona.
What Can Happen in Practice
- Arrest Risk: Although flipping off a cop is protected speech, officers have broad discretion and may still arrest you for disorderly conduct, even if the charge doesn’t hold up in court. This could result in you being detained and having to contest the charge later.
- Other Consequences: Police may look for other reasons to cite or detain you if you antagonize them, such as minor traffic violations or further investigation if they suspect other illegal activity.
Flipping off a cop in Arizona is not illegal in itself and is generally protected by the First Amendment.
However, if the gesture is made in a way that disturbs the peace or could provoke a violent response, you risk being cited for disorderly conduct. Even if the charge is unlikely to stick, you may still face temporary detention or legal hassle.
Exercising this right may be legal, but it could still result in negative encounters with law enforcement.
Sources:
- https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
- https://www.mayestelles.com/criminal-defense/disorderly-conduct/arizona-disorderly-conduct-law-ars-13-2904/
- https://www.aerlawgroup.com/blog/what-happens-if-i-flip-off-a-cop/
- https://www.reddit.com/r/police/comments/1h0rdrt/can_cops_legally_arrest_you_for_flipping_them_off/