Let’s imagine you’re driving down a South Carolina highway, frustrated—maybe with work, family, or just having a rough day. Suddenly, you see blue lights flashing behind you. A state trooper pulls you over.
You’re already annoyed. The officer walks up to your window and says, “Your taillight is broken.” You’re thinking, Really? That’s it? As the officer walks away, you flip them off in anger.
Now the big question is: Can you be arrested for that?
It Depends on the Situation
According to Captain Sonny Collins of the South Carolina Highway Patrol, it depends on the officer’s discretion and the circumstances. This situation may fall under South Carolina’s disorderly conduct law.
What Is the Disorderly Conduct Law?
This law mainly covers:
- Public drunkenness
- Causing scenes in public places
- Firing guns near roads or schools
But it also includes language like this:
“Uses obscene or profane language on any highway or at any public place or gathering or in hearing distance of any schoolhouse or church.”
If found guilty under this law, you could face a $100 fine or up to 30 days in jail. However, there’s a legal condition:
The court may offer a “conditional discharge”—which basically means the charge could be dropped later with the approval of the circuit solicitor.
What About Free Speech?
Here’s the interesting part. Courts across the U.S. have ruled that giving someone the middle finger (flipping off) is actually a form of protected speech under the First Amendment.
A Real Court Case Example
In 2019, the U.S. Court of Appeals for the Sixth Circuit (covering Kentucky, Ohio, Michigan, and Tennessee) ruled in favor of a woman named Debra Cruise-Gulyas.
She was initially let off with a minor traffic citation, but after she flipped off the officer, he pulled her over again and gave her a speeding ticket. The court said:
- Her gesture was free speech (1st Amendment)
- Pulling her over again was unreasonable search and seizure (4th Amendment)
- It also violated due process (14th Amendment)
The court’s opinion clearly stated:
“Fits of rudeness or lack of gratitude may violate the Golden Rule. But that doesn’t make them illegal or punishable.”
Legal Experts Agree
Professor Rachel Harmon from the University of Virginia School of Law also explained that the U.S. Supreme Court recognizes expressive conduct, like the middle finger, as protected speech—as long as it sends a message or idea.
But Be Careful
While flipping off a police officer alone may not get you arrested, if you do anything else inappropriate—like being verbally aggressive, resisting, or making threats—you could face charges like:
- Resisting arrest
- Obstruction of justice
- Disorderly conduct, depending on your full behavior
In South Carolina, simply flipping off a police officer is likely protected under free speech laws, as long as it doesn’t include threats or lead to disruptive actions. But how the situation plays out can depend on the officer’s judgment and how you behave afterward.
So, while you might not get arrested for that one rude gesture, it’s always smarter to stay calm, be polite, and deal with any unfair treatment legally later on—not emotionally in the moment.
