No, it is not illegal to flip off a police officer in New Hampshire. The act of giving the middle finger, while rude or disrespectful, is generally considered protected speech under the First Amendment of the U.S. Constitution.
Legal Background
- First Amendment Protection: Courts across the country, including federal courts, have repeatedly held that gestures like flipping off a cop are a form of free expression. The U.S. Supreme Court and federal appellate courts have stated that police cannot lawfully detain, arrest, or punish someone solely for making an obscene gesture at them.
- Disorderly Conduct: The only exception would be if the gesture is accompanied by other behavior that actually causes or provokes a public disturbance (such as inciting violence or threatening behavior). Simply making the gesture, without more, does not meet the legal threshold for disorderly conduct or disturbing the peace in most cases.
What Could Happen in Practice?
- Officer Reaction: While it is not a crime, flipping off a cop may provoke a negative reaction. Officers might look for other reasons to stop or cite you, or scrutinize your actions more closely. However, any detention or citation based solely on the gesture would likely be unconstitutional and could be grounds for a civil rights lawsuit.
- Civil Rights Cases: There have been instances in New Hampshire and elsewhere where people have been detained or cited for gestures or speech critical of police. Some of these cases have resulted in settlements for civil rights violations.
Summary Table: Flipping Off a Cop in New Hampshire
| Action | Legal Consequence? | Notes |
|---|---|---|
| Flipping off a cop (just the gesture) | No criminal charge | Protected by First Amendment |
| Gesture causes a public disturbance | Possible disorderly conduct charge | Must actually provoke or incite a crowd |
| Officer retaliates with citation/arrest | Likely unconstitutional | May be grounds for a civil rights lawsuit |
Flipping off a police officer in New Hampshire is not illegal and is protected speech, unless your actions go beyond the gesture and actually provoke a disturbance or threaten public safety. However, while you have the right, exercising it may escalate the situation or lead to increased scrutiny from law enforcement.
Sources:
- https://www.marcushillattorney.com/links/flipping-off-the-cops.shtml
- https://suhrelawindianapolis.com/blog/can-arrested-flipping-off-cops/
- https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
- https://en.wikipedia.org/wiki/Contempt_of_cop