Flipping off a police officer—showing your middle finger as an obscene gesture—is not illegal in Missouri. Courts, including the U.S. Supreme Court, have consistently ruled that such gestures are protected by the First Amendment as a form of free speech, even if they are rude or offensive. This means you cannot be lawfully arrested or charged simply for flipping off a cop, as it does not in itself constitute a crime.
However, there are important caveats:
- Disorderly Conduct or Disturbing the Peace: If your gesture is accompanied by threatening behavior, loud outbursts, or causes a public disturbance—especially if there are bystanders present—police might attempt to charge you under disorderly conduct or disturbing the peace laws. But courts have repeatedly found that the gesture alone, without more, is not enough for such charges to stick.
- Retaliation and Practical Risks: While it is your legal right, exercising it may provoke the officer to look for other violations or reasons to detain or cite you, even if those are unrelated to your gesture. This could result in your time being wasted or being scrutinized more closely for minor infractions.
- Obscene Gestures Laws: Some local ordinances prohibit obscene gestures in public, but these are rarely enforced against protected speech unless the gesture is part of a larger disturbance.
Flipping off a cop in Missouri is protected by the First Amendment and is not, by itself, illegal. However, doing so may draw unwanted attention from law enforcement and could escalate the situation if it’s accompanied by other disruptive behavior. While you have the right, exercising it is generally discouraged for practical reasons.
Sources
- https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
- https://www.lexipol.com/resources/blog/flying-the-finger-leads-to-a-traffic-stop-then-a-lawsuit/
- https://codelibrary.amlegal.com/codes/marlowok/latest/marlow_ok/0-0-0-2798
- https://www.caranddriver.com/news/a26840600/court-ruling-hand-gestures-drivers/
- https://www.youtube.com/watch?v=FAolt2aJAAM
