Flipping off a police officer-making an obscene gesture such as raising your middle finger-is generally protected speech under the First Amendment of the U.S. Constitution.
Both federal and state courts, including the U.S. Supreme Court and the Sixth Circuit Court of Appeals, have consistently ruled that this gesture, while rude or disrespectful, is a form of expressive conduct and is not in itself a crime.
“Any reasonable officer would know that a citizen who raises her middle finger engages in speech protected by the First Amendment.”
- Judge Jeffrey Sutton, U.S. Court of Appeals for the Sixth Circuit
Disorderly Conduct Laws: The Caveat
While the gesture itself is not illegal, South Carolina does have broad disorderly conduct laws that prohibit using profane language or obscene gestures in public, especially in certain locations such as highways, public gatherings, or near schools and churches.
These laws are sometimes used to cite individuals for public disturbances, but courts have repeatedly found that the act of flipping off a police officer alone does not meet the threshold for disorderly conduct unless it is accompanied by other disruptive or threatening behavior.
- Possible Charges: You could still be charged with disorderly conduct if your behavior goes beyond the gesture and genuinely disturbs the peace or incites violence.
- Local Ordinances: Some cities, like Myrtle Beach, have stricter rules against lewd or obscene gestures directed at others, which could potentially be enforced in addition to state law.
Real-World Enforcement: What to Expect
- You Can Be Stopped or Arrested: While the law protects your right to make the gesture, some officers may still detain or cite you, potentially under disorderly conduct statutes. However, such charges are often dismissed in court if the gesture is the sole basis for the stop or arrest.
- Legal Outcome: Courts have repeatedly ruled in favor of individuals who challenge such arrests, recognizing the gesture as protected speech.
- Social and Practical Risks: Even though it’s legal, flipping off a cop can escalate tensions and may result in temporary legal hassles or confrontations.
Summary Table: Flipping Off a Cop in South Carolina
| Action | Is It Illegal? | Legal Basis/Notes |
|---|---|---|
| Flipping off a cop (alone) | No | Protected by First Amendment |
| Flipping off + disorderly conduct | Possibly | If it incites violence or disturbs the peace |
| Violating local obscenity ordinances | Possibly | Some cities have stricter rules (e.g., Myrtle Beach) |
Flipping off a police officer in South Carolina is not illegal and is protected by the First Amendment, unless it is accompanied by other conduct that genuinely disrupts public order or violates local ordinances.
While you are within your rights, exercising this gesture can still lead to unnecessary confrontations or legal hassles, so use your judgment in any encounter with law enforcement.
Sources:
- https://www.yahoo.com/news/illegal-sc-flip-someone-bird-100000098.html
- https://www.performance-protocol.com/post/is-it-illegal-to-flip-off-a-cop-examining-the-legal-and-social-implications
- https://www.southcarolinapublicradio.org/2019-03-15/police-officer-cant-pull-over-driver-for-giving-him-the-finger-court-rules
- https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/