Flipping off a police officer—raising your middle finger in a gesture of protest or insult—is not illegal in Delaware. Both the U.S. Supreme Court and federal appeals courts have repeatedly ruled that giving the finger to police is a form of speech protected by the First Amendment. This means you cannot be lawfully arrested, ticketed, or charged simply for making this gesture.
Recent Delaware Case and Settlement
A high-profile Delaware case in 2022 made this especially clear. Jonathan Guessford was pulled over and ticketed by Delaware State Police after he flipped off troopers who had just torn up his roadside sign warning drivers of a speed trap.
The traffic citation was bogus and dismissed, and Guessford later sued the police for violating his constitutional rights. The state settled the lawsuit by paying him $50,000, acknowledging that the officers’ actions were not legally justified.
Dashcam and phone footage in the case showed officers discussing how to “lock him up” or cite him for “hand gestures,” but a supervisor clarified on audio that “you can’t do that. That’ll get dropped.” The officers ultimately admitted the charge would not stand, and the court agreed that Guessford’s gesture was protected speech.
Disorderly Conduct and Police Discretion
While the act itself is legal, police sometimes cite disorderly conduct or similar broadly written laws to justify a stop or citation.
However, courts have consistently found that flipping off a cop, without more (such as threats or causing a public disturbance), does not meet the legal standard for disorderly conduct.
If you are ticketed or arrested solely for this gesture, the charge is likely to be dismissed, and you may have grounds for a civil rights lawsuit.
Bottom Line
- Flipping off a cop in Delaware is not a crime.
- The gesture is protected by the First Amendment as free speech.
- Police cannot lawfully arrest or ticket you just for this act.
- If officers do retaliate, you may have legal recourse.
However, while the law is on your side, exercising this right may still result in unwanted police attention or temporary inconvenience. Use your rights wisely and be aware of your surroundings.
Sources:
- https://abovethelaw.com/2023/09/delaware-state-police-pay-50000-to-man-troopers-ticketed-for-flipping-them-off/
- https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/
- https://www.youtube.com/watch?v=juUMyp74NQY
- https://suhrelawindianapolis.com/blog/can-arrested-flipping-off-cops/