Flipping off a police officer in Massachusetts-raising your middle finger as an insult-is generally not illegal and is protected by the First Amendment as a form of free expression.
The Massachusetts Supreme Judicial Court has specifically ruled that such gestures, while “inarticulate and crude,” are considered an expression of disapproval and fall “squarely within the protective umbrella of the First Amendment”.
This means that, by itself, giving a cop the middle finger does not constitute a crime like disorderly conduct or harassment.
However, there are important caveats:
- Context matters: If the gesture is accompanied by threatening behavior or is part of a pattern that could be construed as harassment (such as repeated targeting of the same officer), it could potentially lead to legal trouble, such as a harassment prevention order or a disorderly conduct charge. But courts have generally found that the gesture alone, without more, is not sufficient for conviction.
- Police discretion: While it is your constitutional right, officers may still detain, ticket, or even arrest you under broadly written disorderly conduct laws. Such charges rarely hold up in court, but you may still have to deal with the inconvenience and potential legal costs.
- Not recommended: Although legal, flipping off a cop is likely to escalate tensions and could prompt the officer to look for other reasons to cite or detain you.
In Massachusetts, it is not illegal to flip off a police officer, and doing so is protected speech. But exercising this right may still result in negative consequences, so it’s wise to consider the potential fallout before acting.
Sources:
- https://www.massachusettscriminaldefenseattorneyblog.com/happens-give-cop-middle-finger-massachusetts/
- https://freedom.press/issues/police-are-threatening-free-expression-abusing-law-punish-disrespect-law-enforcement/
- https://wnaw.com/is-it-legal-or-not-to-flip-off-a-cop-here-in-massachusetts/
- https://ballotpedia.org/Massachusetts_Supreme_Judicial_Court_gives_thumbs_up_to_the_middle_finger,_sometimes