No, it is not illegal to flip off a cop in New York. The act of raising your middle finger—commonly known as “flipping the bird”—is considered expressive conduct protected by the First Amendment of the U.S. Constitution. Both federal and state courts, including those in New York, have consistently ruled that this gesture, while offensive or disrespectful, is not a crime in itself and cannot be grounds for arrest or prosecution.
Legal Precedent and Court Rulings
- The U.S. Court of Appeals for the Second Circuit, which covers New York, has explicitly ruled that giving the finger to a police officer is not sufficient grounds for arrest. In a notable New York case, the court found that a rude gesture toward an officer did not provide probable cause for a stop or arrest, affirming it as protected speech.
- The Supreme Court and lower courts have repeatedly recognized that even profane or insulting gestures directed at police officers are protected under the First Amendment, unless they cross the line into “fighting words,” true threats, or incitement to violence.
Disorderly Conduct and Police Discretion
- While flipping off a cop is not a crime, police officers sometimes arrest individuals for disorderly conduct or similar charges after such gestures. However, courts have routinely found these arrests to be unconstitutional if the only basis is the gesture itself.
- Disorderly conduct laws are broadly written and give officers discretion, but courts have clarified that mere rudeness or lack of respect does not meet the threshold for criminal behavior.
Practical Risks
- Although you cannot be lawfully arrested or prosecuted simply for flipping off a cop, doing so may still result in an arrest or citation that you would need to contest in court. Many individuals who have been arrested for this reason have successfully sued for violation of their constitutional rights.
- Exercising this right may escalate tensions in police encounters, so while it is legal, it is not necessarily advisable from a practical standpoint.
Flipping off a cop in New York is protected by the First Amendment and is not illegal. However, police may still detain or cite you, requiring you to defend your rights in court, where such cases are almost always dismissed as unconstitutional.
SOURCES
[1] https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
[2] https://www.talksonlaw.com/briefs/can-you-be-arrested-for-giving-the-finger-to-police
[3] https://www.wakeforestlawreview.com/2019/09/as-free-as-a-bird-the-middle-finger-and-the-first-amendment/
[4] https://lawcdh.com/if-i-flip-off-a-cop-can-i-get-arrested/
[5] https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/
