No, it is not illegal to flip off a police officer in Utah. The act of showing your middle finger-even to a cop-is protected by the First Amendment as a form of free speech, as long as it is not accompanied by threats or aggressive conduct.
Legal Background
First Amendment Protection:
Courts have consistently ruled that rude gestures, including “flipping the bird,” are a form of expressive conduct protected by the U.S. Constitution. This protection applies even when the gesture is directed at law enforcement officers.
Utah Case Example:
In 2010, a man in Orem, Utah, was cited for disorderly conduct after flipping off a police officer. The American Civil Liberties Union (ACLU) of Utah sued on his behalf, arguing that his rights to free expression and protection from unlawful detention were violated. The city settled, agreeing to pay damages and to train officers on First Amendment protections.
No Grounds for Arrest or Citation:
Simply making the gesture does not provide legal grounds for a traffic stop, citation, or arrest. Police are expected to tolerate such expressions, even if they are impolite or offensive.
Important Caveats
Context Matters:
- If the gesture is accompanied by threatening behavior, physical aggression, or actions that disturb public order, you could face charges such as disorderly conduct or assault.
Professionalism Expected:
- Law enforcement agencies in Utah have been reminded through legal settlements and training that they cannot retaliate against individuals solely for rude gestures or criticism.
Flipping off a cop in Utah is not illegal and is protected free speech. However, avoid any threatening or disruptive behavior, as that could cross into criminal territory. Police cannot lawfully stop, cite, or arrest you just for the gesture alone.
Sources:
- https://www.lexipol.com/resources/blog/flying-the-finger-leads-to-a-traffic-stop-then-a-lawsuit/
- https://www.performance-protocol.com/post/is-it-illegal-to-flip-off-a-cop-examining-the-legal-and-social-implications
- https://www.fox13now.com/2012/11/15/orem-settles-lawsuit-over-middle-finger-free-speech