Flipping off a police officer in Alaska—meaning making an obscene gesture like raising your middle finger—is generally not illegal under state law. This act is considered a form of expressive conduct protected by the First Amendment of the U.S. Constitution, which applies in Alaska as it does nationwide.
Free Speech Protections
- First Amendment: Courts across the country, including federal courts, have repeatedly ruled that giving the middle finger to law enforcement is a form of free speech, even if it is rude or offensive.
- Alaska Law: There is no specific Alaska statute that makes flipping off a police officer a crime.
Possible Exceptions
While the gesture itself is not a crime, there are important caveats:
- Disorderly Conduct: Alaska law prohibits disorderly conduct, which can include making “unreasonably loud noise” or engaging in acts that “intentionally disturb or create a hazard to others.” However, simply flipping off an officer—without more (such as yelling threats, refusing lawful orders, or causing a disturbance)—does not meet the legal threshold for disorderly conduct.
- Escalation: If the gesture is accompanied by threatening language, physical actions, or refusal to comply with a lawful order, you could be charged with disorderly conduct or another offense.
- Resisting or Interfering: Do not physically resist, interfere with, or obstruct an officer, as these are separate crimes in Alaska.
What to Do If Stopped
- You have the right to remain silent and to walk away if you are not being detained or arrested.
- If you are detained, remain calm and do not escalate the situation, even if you believe your rights are being violated.
- If you are arrested for flipping off an officer, document everything and speak to a lawyer, as such an arrest may not be legally justified.
Flipping off a cop in Alaska is usually protected free speech and not a crime by itself. However, if your behavior escalates to actual disturbance or you refuse lawful orders, you could face charges unrelated to the gesture itself. Always exercise your rights calmly and respectfully to avoid unnecessary complications.
Sources:
- https://www.acluak.org/en/news/know-your-rights-interacting-police-law-enforcement-and-ice
- https://dps.alaska.gov/AST/PIO/CompleteOPM_Redacted.pdf
- https://law.justia.com/cases/alaska/supreme-court/2020/s-17079.html
- https://www.akleg.gov/basis/get_documents.asp?docid=58225