In Alabama, flipping off a police officer-showing the middle finger-is generally considered a form of free speech protected by the First Amendment and is not illegal by itself. However, the state’s disorderly conduct laws can come into play depending on the context and accompanying behavior.
Alabama Disorderly Conduct Law
Under Alabama Code § 13A-11-7, disorderly conduct is a Class C misdemeanor and occurs when a person, with intent to cause public inconvenience, annoyance, or alarm-or recklessly creating a risk of those-does any of the following in a public place:
- Engages in fighting or threatening behavior
- Makes unreasonable noise
- Uses abusive or obscene language or makes an obscene gesture
- Disturbs any lawful assembly without authority
- Obstructs traffic or refuses to disperse when ordered by law enforcement
Specifically, subsection (3) covers “using abusive or obscene language or making an obscene gesture” in public.
Application to Flipping Off a Cop
Flipping off a police officer constitutes an obscene gesture, which can technically fall under disorderly conduct if it is done with intent to cause public annoyance or alarm. However, courts have generally protected such gestures as free speech unless accompanied by threatening or disruptive conduct. Simply showing the middle finger without further disturbance is unlikely to result in a lawful conviction.
Practical Considerations
- Police officers may sometimes arrest or cite individuals for disorderly conduct based on obscene gestures, including flipping them off, especially if it escalates tensions or leads to public disruption.
- Such arrests often do not hold up in court if the gesture was isolated and not part of threatening or violent behavior.
- Convictions for disorderly conduct in Alabama carry penalties of up to a $500 fine and/or up to 3 months in jail.
Summary
- Flipping off a cop in Alabama is not explicitly illegal and is generally protected speech.
- If the gesture is part of behavior that causes public disturbance, annoyance, or alarm, it could lead to a disorderly conduct charge.
- Disorderly conduct is a misdemeanor punishable by fines and jail time.
- Legal outcomes depend heavily on the context and whether the gesture is accompanied by other disruptive or threatening actions.
If you face charges related to disorderly conduct or want to understand your rights during police encounters, consulting an experienced Alabama criminal defense attorney is advisable.
Would you like details on how courts in Alabama have ruled in specific cases involving obscene gestures toward police?
