Flipping off a police officer-raising your middle finger in a rude gesture-is generally considered a form of expressive conduct protected by the First Amendment of the U.S. Constitution.
Courts have consistently held that, while the gesture is offensive, it is not illegal in itself and qualifies as protected speech.
The Supreme Court and federal courts have recognized that police officers are expected to tolerate verbal and nonverbal criticism, including gestures like “flipping the bird,” from the public.
Missouri Law and Disorderly Conduct
Missouri does not have a specific law making it illegal to flip off a police officer. However, as in many states, the context matters.
If your gesture is accompanied by actions or words that could be interpreted as threatening, inciting violence, or causing a public disturbance, you could potentially be charged with disorderly conduct or a similar offense.
For example, if your gesture “tends to incite an immediate breach of the peace,” it could cross the line from protected speech to illegal conduct.
When Could You Get in Trouble?
- Protected: Simply flipping off a cop, without more, is protected speech and should not result in arrest or citation.
- Not Protected: If your gesture is combined with threats, aggressive behavior, or if it provokes a disturbance (such as inciting a crowd), police may argue it constitutes disorderly conduct or another public order offense.
Legal Precedents
Federal courts have repeatedly ruled in favor of individuals who were arrested or cited for flipping off police, awarding damages and requiring retraining of officers on First Amendment rights. Officers do not have qualified immunity if they retaliate solely because of the gesture, as it is not a crime.
Practical Advice
While it is your constitutional right to flip off a police officer, doing so may escalate a situation, lead to a temporary detention, or result in a citation that you would ultimately have to fight in court. Officers may still stop or question you, but if their only reason is the gesture, courts have found such stops to be unlawful.
It is not illegal to flip off a cop in Missouri. The gesture is protected by the First Amendment unless it is part of conduct that incites violence, constitutes a true threat, or causes a public disturbance. Use your rights wisely and be aware of the potential for escalation in real-world encounters.
Sources:
- https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
- https://www.lexipol.com/resources/blog/flying-the-finger-leads-to-a-traffic-stop-then-a-lawsuit/
- https://www.duikc.com/profanity–protected-speech-against-kansas-city-police
- https://www.talksonlaw.com/briefs/can-you-be-arrested-for-giving-the-finger-to-police