In Colorado, flipping off a police officer-commonly known as “giving the finger”-is generally not illegal.
This gesture is considered a form of expressive conduct protected by the First Amendment of the U.S. Constitution, which safeguards free speech, including non-threatening, offensive gestures directed at government officials like police officers.
Colorado courts have affirmed this right, and there have been cases where citizens received settlements after being wrongly arrested for such actions.
Court Cases and Precedents
Two notable Colorado cases resulted in dismissals and monetary settlements after individuals were arrested for swearing at or flipping off police officers. In both instances, the courts recognized that these actions, while rude, are protected speech and do not constitute a crime by themselves.
Disorderly Conduct and Context Matters
While the act itself is legal, the context is important. Colorado’s disorderly conduct statute prohibits gestures or utterances that “tend to incite an immediate breach of the peace”.
If flipping off an officer is accompanied by threatening behavior or causes a disturbance likely to provoke violence, it could potentially lead to a disorderly conduct charge. However, simply making the gesture, without more, is not grounds for arrest.
Practical Considerations
Although legally protected, flipping off a police officer may escalate the situation or prompt officers to look for other reasons to detain or cite you. If you are arrested or ticketed solely for this gesture, you may have grounds for a civil rights lawsuit, as courts have repeatedly sided with individuals in similar cases.
Summary Table: Flipping Off a Cop in Colorado
| Action | Is it Illegal? | Protected by First Amendment? | Possible Police Response |
|---|---|---|---|
| Flipping off a cop | No | Yes | May escalate, but not a crime by itself |
| Accompanying threats | Yes | No | Arrest/ticket for disorderly conduct |
| Creating a disturbance | Yes | No | Arrest/ticket for disorderly conduct |
Flipping off a police officer in Colorado is not illegal and is protected by the First Amendment, as long as it is not accompanied by threats or behavior that could provoke violence or disturb the peace. However, exercising this right may still lead to negative interactions with law enforcement, so use caution and be aware of the potential consequences.
Sources:
- https://94kix.com/colorado-middle-finger-cops/
- https://www.colorado-criminal-lawyer-online.com/first-amendment-protects-us-fr/
- https://www.denvercriminalattorneylawyer.com/practice-areas/disorderly-conduct
- https://mylolowcountry.com/usa-laws/is-it-illegal-to-flip-off-a-cop-in-missouri-heres-what-the-law-says/