Flipping off a police officer—making a rude gesture such as raising your middle finger—is not illegal in Maine. This act is considered a form of expressive conduct protected by the First Amendment of the U.S. Constitution, which guarantees freedom of speech.
Legal Precedent
Federal courts, including the U.S. Court of Appeals for the Sixth Circuit, have consistently ruled that giving the middle finger to a police officer is protected speech. In these cases, the courts have found that:
- Police cannot lawfully stop, detain, or arrest someone solely for making this gesture.
- Such a gesture, while disrespectful, does not constitute a crime like disorderly conduct or disturbing the peace unless it is accompanied by threats or other illegal behavior.
What Maine Law Says
There is no Maine statute that makes flipping off a police officer a crime. Maine courts follow federal constitutional standards, so the gesture alone cannot be the basis for a lawful stop or arrest.
Important Caveats
- Context matters: If the gesture is accompanied by threats, aggressive actions, or other illegal conduct, you could still be charged with a crime such as disorderly conduct or harassment.
- Officer discretion: While the gesture is legal, it may provoke a negative reaction. Officers may look for other violations if you are disrespectful, but they cannot lawfully retaliate against you just for the gesture.
Summary Table
| Action | Legal in Maine? | Notes |
|---|---|---|
| Flipping off a cop only | Yes | Protected by the First Amendment |
| With threats/aggression | No | May lead to disorderly conduct or harassment charges |
| Used as sole reason for stop/arrest | No | Not a lawful basis for police action |
Flipping off a police officer in Maine is not illegal and is protected as free speech. However, using the gesture in a threatening or aggressive way could lead to legal trouble, and it may escalate your interaction with law enforcement.
Sources:
- https://www.courts.maine.gov/courts/sjc/lawcourt/2025/25me027.pdf
- https://www.mainepublic.org/2019-03-15/police-officer-cant-pull-over-driver-for-giving-him-the-finger-court-rules
- https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
- https://firstamendment.mtsu.edu/post/court-rules-first-amendment-protects-motorist-who-gave-the-middle-finger-to-police-officer/