Flipping off a police officer-commonly known as “giving the finger”-is generally protected speech under the First Amendment of the U.S. Constitution. Both the U.S. Supreme Court and lower courts have recognized that this gesture, while rude, is a form of free expression. In Colorado, this protection is recognized as well, and there have been cases where charges against individuals for flipping off officers were dropped, sometimes resulting in settlements for wrongful arrest.
Relevant Colorado Laws
However, Colorado law does have statutes that could potentially be applied in these situations, most notably the disorderly conduct statute (C.R.S. 18-9-106). Under this law, a person can be charged with disorderly conduct if they knowingly, intentionally, or recklessly make a “coarse and obviously offensive utterance, gesture, or display in public that is an immediate breach of the peace”.
How It Plays Out in Practice
- If you flip off a police officer in a way that does not escalate the situation or cause a disturbance, it is generally considered protected speech and not illegal.
- If the gesture is accompanied by behavior that could be seen as threatening, inciting violence, or causing a public disturbance, you could be charged with disorderly conduct or a similar offense.
- There have been real cases in Colorado (such as Shane Boor’s case) where charges for flipping off an officer were dropped after legal intervention, affirming the gesture as protected speech
Potential Consequences
- While the act itself is not illegal, police officers have broad discretion under disorderly conduct laws. This means you could still be cited or arrested, forcing you to defend your First Amendment rights in court.
- Disorderly conduct is typically a petty offense in Colorado, punishable by up to six months in jail and a fine of up to $500, though penalties can vary depending on the circumstances.
Summary Table: Flipping Off a Cop in Colorado
| Situation | Legal Status | Possible Consequence |
|---|---|---|
| Flipping off a cop (no escalation) | Protected by First Amendment | No legal penalty |
| Flipping off a cop + causing disturbance | May be charged as disorderly conduct | Citation, court appearance, possible fine/jail2 |
| Flipping off a cop + threatening behavior | Could be charged with other offenses (e.g., harassment, menacing) | More serious legal consequences |
Flipping off a police officer in Colorado is generally legal and protected by the First Amendment, as long as it does not escalate into disorderly conduct or another criminal offense. However, officers may still issue citations or make arrests under broadly defined disorderly conduct laws, leaving you to assert your constitutional rights in court if necessary. While you have the right, exercising it may not always be wise.
