Flipping off a police officer-commonly known as “flipping the bird”-is generally protected under the First Amendment as a form of free speech. Courts across the United States, including federal appellate courts, have consistently ruled that non-threatening gestures, even if offensive or disrespectful, are part of expressive rights. This means that, as a rule, simply giving a police officer the middle finger is not a crime and cannot be the sole basis for a stop, arrest, or citation.
Minnesota Law and Disorderly Conduct
Minnesota law does allow for charges of disorderly conduct in certain circumstances. The disorderly conduct statute covers “offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.” However, the Minnesota Supreme Court has narrowed this statute’s scope so that it does not criminalize protected speech-only “fighting words” that are so provocative they would likely incite an immediate breach of the peace.
- Fighting Words Exception: If the gesture is accompanied by aggressive, threatening, or disruptive behavior that goes beyond mere expression-such as physical confrontation, refusal to obey lawful orders, or actions that endanger public safety-it could result in a disorderly conduct charge. The courts look at the overall conduct, not just the gesture itself.
- Case Example: In a Minnesota case, a public official was convicted of disorderly conduct not for his words or gestures alone, but for his aggressive physical behavior and refusal to comply with police orders during a confrontation.
No Legal Basis for Stop or Arrest
A recent federal court case reaffirmed that flipping off a police officer, by itself, does not provide reasonable suspicion for a traffic stop or arrest. The court found that while the gesture is crude, it is not criminal behavior and cannot justify police action absent other illegal conduct.
Practical Considerations
While it is not illegal to flip off a cop in Minnesota, doing so can escalate tensions and may lead to increased scrutiny or confrontational interactions with law enforcement. However, as long as the gesture is not accompanied by threatening or disorderly conduct, it remains protected speech.
Summary Table
| Action | Legal Status in Minnesota |
|---|---|
| Flipping off a cop (alone) | Protected by First Amendment |
| Flipping off + threats/aggression | May result in disorderly conduct charge |
| Flipping off as sole basis for stop/arrest | Not legally sufficient |
Flipping off a police officer in Minnesota is not illegal and is protected by the First Amendment, as long as it is not accompanied by threats, aggressive actions, or other disorderly conduct. The gesture alone cannot justify a stop, arrest, or criminal charge, but context and accompanying behavior matter.
