Flipping off a police officer—raising your middle finger in a gesture of insult—is generally protected by the First Amendment as free speech, but the situation is more complicated in practice.
Legal Status: Protected Speech
- Both federal and state courts, including the U.S. Supreme Court, have recognized that giving police the finger is a form of expressive conduct protected by the First Amendment.
- North Carolina courts have acknowledged that simply flipping off an officer is not, by itself, a crime, and there is substantial case law supporting this position.
Can You Still Be Stopped or Arrested?
- Despite being protected speech, flipping off a cop may still draw police attention and can sometimes lead to a stop or citation.
- In State v. Ellis (2019), a North Carolina appeals court ruled that a trooper had reasonable suspicion to stop a vehicle after a passenger waved and flipped off the officer, reasoning that the gesture could alert an officer to an impending breach of the peace. However, this decision was controversial and has been criticized for stretching the definition of reasonable suspicion.
- The North Carolina Supreme Court has since clarified that flipping off a cop, without more, does not justify a traffic stop.
Disorderly Conduct and Officer Discretion
- While the act itself is not illegal, officers have broad discretion under disorderly conduct statutes, which means you could still be stopped, cited, or even arrested, especially if your actions are perceived as threatening or likely to incite a breach of the peace.
- Even if charges don’t stick, you may have to deal with the inconvenience and potential legal costs of contesting them.
Bottom Line
- Flipping off a cop in North Carolina is not illegal and is protected by the First Amendment.
- However, doing so may still result in a police stop or citation, and you could be charged under disorderly conduct or obstruction statutes if the officer believes your behavior crosses a line.
- While you have the right, exercising it may lead to negative interactions with law enforcement, even if you ultimately prevail in court.
You cannot be lawfully arrested or convicted solely for flipping off a police officer in North Carolina, but the gesture may still provoke a police response and potential legal hassle.
SOURCES
[1] https://www.carolinaattorneys.com/blog/can-you-give-police-the-middle-finger/
[2] https://firstamendment.mtsu.edu/post/flipping-off-police-officer-was-reason-enough-to-stop-suv-n-c-appeals-court-rules/
[3] https://www.findlaw.com/legalblogs/criminal-defense/can-you-get-arrested-for-giving-the-middle-finger-to-a-cop/
[4] https://nccriminallaw.sog.unc.edu/shooting-an-officer-the-bird/
[5] https://johnhelms.attorney/federal-court-upholds-right-to-flip-off-the-police/
