In Maryland, flipping off a police officer-making an obscene gesture such as raising your middle finger-is generally not illegal. This act is considered a form of expressive conduct and is protected under the First Amendment as free speech.
Both the U.S. Supreme Court and lower federal courts have affirmed that, absent other criminal behavior, such gestures are constitutionally protected across the United States, including Maryland.
When Could It Become a Legal Issue?
While the gesture itself is protected, context matters:
- Disorderly Conduct: Maryland law prohibits behavior likely to disturb or annoy others, including law enforcement. If flipping off a cop is part of a larger disturbance, is accompanied by threats, or incites violence, you could be charged with disorderly conduct or a similar offense.
- Police Discretion: Officers have broad discretion under disorderly conduct statutes. Even though the charge may not hold up in court, police might still detain, ticket, or arrest you if they believe your actions are escalating a situation or disturbing the peace.
What Happens in Practice?
- Potential Police Response: While the law protects your right to make the gesture, officers may respond negatively or look for other reasons to detain or cite you.
- Civil Rights Lawsuits: If you are arrested or ticketed solely for flipping off a cop, you may have grounds for a civil rights lawsuit. Courts have often sided with individuals in such cases, reaffirming the gesture’s protected status.
- Practical Considerations: Exercising this right could escalate your interaction with police, leading to inconvenience or further scrutiny, even if you ultimately prevail legally.
Summary Table
| Action | Is it Illegal in Maryland? | Protected by First Amendment? | Possible Police Response |
|---|---|---|---|
| Flipping off a cop | No | Yes | May escalate, but not a crime |
| Accompanying threats | Yes | No | Arrest/ticket for disorderly conduct |
| Creating a disturbance | Yes | No | Arrest/ticket for disorderly conduct |
Key Takeaway
Flipping off a cop in Maryland is not illegal and is protected speech under the First Amendment. However, if the gesture is part of a larger disturbance, involves threats, or escalates a situation, you could face charges like disorderly conduct. While such charges rarely stick, the process can be inconvenient and stressful.
Sources:
- https://mylolowcountry.com/usa-laws/is-it-illegal-to-flip-off-a-cop-in-maryland-heres-what-the-law-says/
- https://www.shubinlaw.com/flipping-off-police-officers-constitutional-federal-court-affirms/
- https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/
- https://www.findlaw.com/legalblogs/criminal-defense/can-you-get-arrested-for-giving-the-middle-finger-to-a-cop/