Flipping off a police officer—commonly understood as raising your middle finger in a rude gesture—is generally protected speech under the First Amendment of the U.S. Constitution.
Federal courts have consistently ruled that non-threatening, offensive gestures or words directed at law enforcement are a form of expressive conduct and, by themselves, do not constitute a crime.
Notably, the U.S. Supreme Court in City of Houston v. Hill (1987) held that the First Amendment “protects a significant amount of verbal criticism and challenge directed at police officers”. Additionally, federal appellate courts have specifically ruled that giving the middle finger to a police officer is not grounds for arrest, detention, or a traffic stop.
New Mexico Law
There is no specific statute in New Mexico that makes it illegal to flip off a police officer. The state’s laws on “resisting, evading or obstructing an officer” (NMSA 30-22-1) focus on physical acts or knowingly interfering with an officer’s lawful duties—not on protected speech or gestures.
Simply making a rude gesture, without more, does not meet the legal threshold for obstruction or abuse under New Mexico law.
Possible Exceptions and Risks
- Fighting Words Exception: The Supreme Court has recognized a narrow exception for “fighting words”—speech that is likely to incite immediate violence. However, courts have interpreted this exception very narrowly, especially when it comes to law enforcement, who are expected to exercise restraint.
- Disorderly Conduct or Disturbance: While flipping off a cop is not illegal per se, if your actions are accompanied by threats, physical interference, or behavior that creates a public disturbance, you could potentially be charged under other statutes (such as disorderly conduct). However, the gesture alone, without more, is not sufficient.
- Retaliation Risk: While it is your legal right, exercising it may provoke a negative response from officers. Some may look for other reasons to cite or arrest you, but such actions can be challenged in court if they are in retaliation for protected speech.
Key Takeaways
- It is not illegal to flip off a cop in New Mexico.
- This act is protected as free speech under the First Amendment, as long as it is not accompanied by threats or actions that obstruct an officer’s lawful duties.
- You cannot be lawfully arrested or cited solely for making a rude gesture at law enforcement.
- However, officers may still react negatively, and you could face other charges if your conduct escalates beyond the gesture.
“Courts have ruled flipping off police officers is protected by the First Amendment.”
In summary: Flipping off a police officer in New Mexico is not a crime, but doing so may still have practical consequences. Your gesture is constitutionally protected, but always be mindful of the broader situation and your interactions with law enforcement.
Sources:
- https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
- https://en.wikipedia.org/wiki/Contempt_of_cop
- https://www.performance-protocol.com/post/is-it-illegal-to-flip-off-a-cop-examining-the-legal-and-social-implications
- https://www.lea.nm.gov/wp-content/uploads/sites/4/2024/05/2024-2025-Legal-Update.pdf