Flipping off a police officer in Wyoming—giving them the middle finger—is generally not illegal under state law. This gesture is considered protected speech under the First Amendment, as courts across the country have repeatedly ruled that simply expressing frustration, even in a vulgar way, is not a crime unless it crosses the line into “fighting words” or incites violence.
Legal Context in Wyoming
- First Amendment Protections: Giving the middle finger to a police officer is a form of expressive conduct protected by the U.S. Constitution. Courts have consistently held that such gestures, while rude or offensive, do not warrant arrest or justify a traffic stop on their own.
- Disorderly Conduct Laws: Wyoming, like other states, has disorderly conduct statutes. For example, the city of Cody, Wyoming, defines disorderly conduct to include “any act or gesture of rude, improper or indecent behavior, directed at another, and calculated to provoke a breach of the peace”. However, for a gesture like flipping off a cop to be considered disorderly conduct, it would generally have to be accompanied by other actions or language that actually provoke violence or a breach of the peace—not just the gesture itself.
- No Specific Law Against the Gesture: There is no Wyoming statute that specifically criminalizes giving the middle finger to a police officer or anyone else.
Practical Considerations
- Not a Crime, But Could Draw Attention: While flipping off a cop is not illegal, it may provoke an officer or cause them to scrutinize you more closely for other violations. This could result in being stopped or cited for minor infractions that might otherwise go unnoticed.
- Potential for Disorderly Conduct Charges: If the gesture is combined with other disruptive behavior, an officer might attempt to charge you with disorderly conduct, but courts have generally found such charges to be unjustified if the only conduct is the middle finger.
- Not Recommended: Legal experts consistently advise against flipping off law enforcement, as it can escalate interactions and may lead to being targeted for minor infractions, even if it is not illegal.
Summary Table
| Act | Is It Illegal in Wyoming? | Notes |
|---|---|---|
| Flipping off a cop | No | Protected by First Amendment; not a crime by itself |
| Disorderly conduct (gesture) | Only if it provokes violence or breach of peace | Gesture alone is insufficient for a charge |
Key Takeaway
Flipping off a police officer in Wyoming is not illegal under state law, as it is considered protected speech under the First Amendment. However, it is unwise and could lead to unwanted attention or other legal complications.
Sources:
- https://www.shubinlaw.com/flipping-off-police-officers-constitutional-federal-court-affirms/
- https://codelibrary.amlegal.com/codes/codywy/latest/cody_wy/0-0-0-1224
- https://firstamendment.mtsu.edu/post/judge-dismisses-free-speech-case-over-middle-finger-gesture-to-police/
- https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police