Flipping off a police officer—raising your middle finger in a gesture of insult—is a provocative act, but in Pennsylvania, it is not illegal. Here’s what the law and the courts say:
Protected Free Speech
- The act of flipping off a police officer is considered expressive conduct protected by the First Amendment. Courts have consistently ruled that, while offensive, this gesture is a form of free speech and cannot, by itself, be the basis for arrest or citation.
- The American Civil Liberties Union (ACLU) of Pennsylvania has successfully challenged citations and arrests for profane gestures or language directed at police, resulting in policy changes and officer training to respect citizens’ free-speech rights.
Court Rulings and Precedents
- Federal courts—including those covering Pennsylvania—have held that giving the finger to law enforcement does not constitute “obscene” conduct under disorderly conduct statutes, and thus is not a criminal offense on its own.
- The Pennsylvania State Police have agreed not to issue citations solely for the use of profane or offensive words or gestures, even if directed at law enforcement.
- A notable case in Pennsylvania (Brockway v. Shepherd) found that arresting someone for flipping off an officer was unlawful because the gesture was not obscene and did not meet the threshold for disorderly conduct.
Disorderly Conduct and Police Discretion
- While the law is clear, police officers sometimes cite disorderly conduct as a reason for arresting or detaining people who make offensive gestures. However, courts have narrowly interpreted these laws to bar only truly obscene or threatening conduct, not mere insults or gestures.
- “Contempt of cop”—offending an officer’s sense of authority—is not a crime. But officers may still issue citations or detain individuals, requiring them to defend their actions in court, even if the charges are ultimately dismissed.
You cannot be legally fined or jailed in Pennsylvania simply for flipping off a police officer. The gesture is protected by the First Amendment as long as it is not accompanied by threats, violence, or conduct that genuinely disturbs the peace.
While exercising this right is legal, it may still provoke a negative reaction or lead to a temporary detention, so it’s wise to be aware of the potential social and practical consequences.
Flipping off a cop in Pennsylvania is not illegal and is protected free speech, but be prepared for possible (though likely unlawful) police response and the hassle of defending your rights if cited or detained.
Sources:
- https://www.aclupa.org/en/press-releases/aclu-sues-city-pittsburgh-violating-rights-man-who-flipped-police-officer
- https://patch.com/pennsylvania/te/court-you-can-flip-off-a-police-officer
- https://www.aclupa.org/en/press-releases/pennsylvania-state-police-agree-stop-issuing-citations-profanity
- https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/
- https://www.mystatecollegelawyer.com/2015/01/is-flipping-the-bird-illegal-in-pennsylvania/