Flipping off a police officer in Kentucky-using your middle finger as a gesture-is not illegal and is protected speech under the First Amendment. This was confirmed by a ruling from the United States Court of Appeals for the Sixth Circuit, which has jurisdiction over Kentucky. The court found that such a gesture, even if offensive, is a form of free expression and does not provide lawful grounds for a stop, citation, or arrest by police.
The key legal precedent comes from a 2013 Sixth Circuit case involving a Michigan woman who was ticketed after flipping off an officer. The court ruled in her favor, affirming that the gesture is constitutionally protected. This decision directly applies to Kentucky, as it falls within the Sixth Circuit’s jurisdiction.
However, while the act itself is legal, it is important to note:
- If your actions go beyond the gesture-such as threatening, physically interfering, or refusing lawful orders-police may have grounds for other charges (like disorderly conduct or obstruction), but not for the gesture alone.
- There have been attempts in Kentucky’s legislature to make “insulting or provoking” a police officer a misdemeanor, but such proposals face significant constitutional challenges and, as of now, have not become law.
Flipping off a cop in Kentucky is protected free speech and is not, by itself, a crime. However, the gesture may escalate tensions and lead to further police scrutiny, so exercising this right should be done with awareness of the possible social consequences.
