Flipping off a police officer in Utah-making an obscene hand gesture such as the middle finger-is not illegal and is protected as a form of free speech under the First Amendment.
Legal Precedent and Free Speech
- Not a Crime: Courts, including in Utah, have consistently held that “flipping off” a police officer is a constitutionally protected act of free expression. Police cannot lawfully arrest, detain, or cite you solely for making this gesture.
- Not Disorderly Conduct: Utah’s disorderly conduct statute previously included “abusive or obscene language” and gestures, but this language was removed in compliance with a Utah Supreme Court ruling and legislative changes. Therefore, simply making an obscene gesture, like the middle finger, does not meet the legal definition of disorderly conduct in Utah.
Relevant Cases and Settlements
- In a notable Utah case, a man was stopped and cited for flipping off an officer. The ACLU of Utah sued on his behalf, resulting in a settlement and a city agreement that such gestures are protected speech and not grounds for police action.
Possible Exceptions
- Additional Behavior: If your actions go beyond the gesture-such as threatening, obstructing, or refusing a lawful order-police may have grounds for other charges, but not for the gesture alone.
- Officer Reaction: While the law is clear, officers may still react negatively or attempt to justify a stop under another pretext. However, such actions have led to successful lawsuits against police departments in Utah.
Flipping off a cop in Utah is not illegal and is protected by the First Amendment. Police cannot lawfully arrest or cite you just for making this gesture. However, always be aware that escalating the situation or combining the gesture with other unlawful acts could result in legal trouble.
