Flipping off a police officer in Wisconsin is not illegal. This gesture-commonly known as “flipping the bird” or showing the middle finger-is considered a form of expressive conduct protected by the First Amendment of the U.S. Constitution.
Federal courts, including the U.S. Court of Appeals for the Sixth Circuit, have repeatedly held that such gestures, while rude or disrespectful, do not constitute a crime or provide lawful grounds for police to detain, cite, or arrest you solely for the gesture.
Key Legal Precedents
- Sixth Circuit Ruling: In a notable case, a driver who flipped off a police officer after receiving a ticket was stopped again and issued a more serious citation. The court ruled this second stop was unlawful, stating, “Fits of rudeness or lack of gratitude may violate the Golden Rule, but that doesn’t make them illegal or punishable”.
- Protected Speech: The courts have found that the middle finger gesture does not violate any law and does not create probable cause or reasonable suspicion for further police action.
Limits and Practical Considerations
- No Disorderly Conduct by Itself: Courts have consistently ruled that flipping off a cop, by itself and without accompanying threats or actions that create a disturbance, does not amount to disorderly conduct or harassment.
- Police Discretion: While the act is protected, it may provoke an officer’s attention. Police may look for other reasons to stop or cite you if you antagonize them, but any arrest or citation based solely on the gesture is likely to be thrown out in court.
- Escalation Risk: Exercising this right may still escalate an encounter, and you could be detained or questioned under other pretenses. If you are arrested solely for this gesture, you may have grounds for a civil rights lawsuit.
Summary Table
| Action | Is it Illegal in Wisconsin? | Protected by First Amendment? | Possible Police Response |
|---|---|---|---|
| Flipping off a cop | No | Yes | May escalate, but not a crime |
| Accompanying threats | Yes | No | Arrest/ticket for disorderly conduct |
| Creating a disturbance | Yes | No | Arrest/ticket for disorderly conduct |
Flipping off a police officer in Wisconsin is protected free speech and not a crime, as long as it is not accompanied by threats or behavior that creates a public disturbance. However, it may still provoke a negative response from law enforcement, so exercise your rights wisely.
Sources:
- https://mylolowcountry.com/usa-laws/is-it-illegal-to-flip-off-a-cop-in-wisconsin-heres-what-the-law-says/
- https://www.courthousenews.com/flipping-off-cops-is-free-speech-sixth-circuit-rules/
- https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
- https://www.wisbar.org/newspublications/wisconsinlawyer/pages/Article.aspx?Volume=92&Issue=4&ArticleID=26972