Flipping off a police officer—raising your middle finger in protest or frustration—is widely recognized as rude, but is it illegal in West Virginia? Here’s what the law and recent cases say.
Protected Speech Under the First Amendment
Both the U.S. Supreme Court and lower federal courts have consistently ruled that giving a police officer the middle finger is a form of expressive conduct protected by the First Amendment.
This means that, in general, it is not illegal to flip off a cop. Swearing or using profane language toward law enforcement is also typically protected speech, as long as it does not cross into threats or incitement.
What Can Happen in Practice
While the law protects your right to express disapproval—even in crude ways—officers sometimes still make arrests for disorderly conduct or similar charges after being flipped off. These arrests are often challenged in court and may not stand up to legal scrutiny, but they can still result in temporary detention, legal costs, or other consequences.
A recent West Virginia case illustrates this: Corey Lambert was arrested after flipping off police during a traffic stop in Martinsburg. He was charged with “improper hand and arm signals” and obstruction, but his lawsuit alleges the arrest was retaliation for exercising his free speech rights. The city responded by promising additional constitutional rights training for officers.
Limits and Exceptions
- Disorderly Conduct: While flipping off a cop alone is protected, if your behavior escalates (e.g., public intoxication, physical obstruction, or aggressive confrontation), you could be arrested for those actions—not for the gesture itself.
- Probable Cause: In State v. Cox, the West Virginia Supreme Court affirmed that while offensive gestures and speech are protected, police can arrest someone if there is probable cause for another offense (such as public intoxication or obstruction), even if the encounter began with a protected gesture.
Bottom Line
- It is not illegal to flip off a cop in West Virginia; the gesture is protected by the First Amendment.
- However, you could still be detained or cited if police claim your conduct amounts to disorderly conduct, obstruction, or another offense.
- If you are arrested solely for the gesture, you may have grounds for a civil rights lawsuit, but you might still face temporary legal hassles.
You have the constitutional right to flip off a police officer in West Virginia, but exercising that right may still lead to unwanted attention or temporary arrest if officers claim other violations. Always remain calm and avoid escalating the situation further.
Sources:
- https://www.talksonlaw.com/briefs/can-you-be-arrested-for-giving-the-finger-to-police
- https://www.shubinlaw.com/flipping-off-police-officers-constitutional-federal-court-affirms/
- https://firstamendment.mtsu.edu/post/cop-had-probable-cause-to-arrest-drunk-cursing-man-w-va-high-court-rules/
- https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/