Flipping off a police officer—raising your middle finger as an obscene gesture—is a provocative act, but in Maryland and across the United States, it is generally not illegal. Here’s what the law and legal precedent say:
Protected Free Speech
- The act of giving the middle finger to a police officer is considered a form of expression protected by the First Amendment of the U.S. Constitution.
- Courts, including federal appellate courts, have repeatedly ruled that non-threatening, offensive gestures such as flipping off a cop are protected speech. As long as the gesture is not accompanied by threats or physical aggression, it cannot lawfully be the sole basis for arrest or criminal charges.
Disorderly Conduct and Police Discretion
- While the gesture itself is not illegal, police officers sometimes cite disorderly conduct or similar broadly defined statutes to justify an arrest or citation.
- Disorderly conduct laws are intended to prevent actions that genuinely disturb the peace or pose a threat to public safety. Courts have found that simply flipping off a cop, by itself, does not meet this threshold and does not justify arrest.
- However, in practice, officers may still detain or ticket individuals for such conduct, even if those charges are later dismissed. This means you could be temporarily inconvenienced or required to appear in court, but a conviction is highly unlikely if no other unlawful behavior occurred.
Maryland-Specific Perspective
- Legal professionals in Maryland confirm that giving someone the middle finger, including a police officer, is not a crime under state law.
- The gesture is not illegal, but it may escalate tensions or provoke an unwanted response from the recipient, including law enforcement.
Important Caveats
- If the gesture is accompanied by threats, aggressive actions, or is part of a larger disturbance, it could potentially be considered disorderly conduct or another offense.
- Making such a gesture in a courtroom or at a judge can result in contempt of court, which is a separate legal issue.
Summary Table: Flipping Off a Cop in Maryland
| Action | Is It Illegal? | Protected by Law? | Possible Police Response |
|---|---|---|---|
| Flipping off a cop | No | Yes, First Amendment | May be stopped or cited, but charges unlikely to stick |
| Flipping off a judge in court | Yes (Contempt) | No | Can be held in contempt |
| Flipping off with threats | Potentially | No | May be charged as disorderly conduct or worse |
Flipping off a police officer in Maryland is protected free speech and not a crime by itself. However, it can provoke a reaction from law enforcement, and you could be temporarily detained or cited under disorderly conduct statutes, though such charges rarely hold up in court. Exercising your rights is legal, but consider the practical consequences before doing so.
Sources
- https://www.shubinlaw.com/flipping-off-police-officers-constitutional-federal-court-affirms/
- https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/
- https://www.reddit.com/r/AskAnAmerican/comments/1bxpwn9/can_it_ever_be_against_the_law_to_flip_someone_off/
- https://www.performance-protocol.com/post/is-it-illegal-to-flip-off-a-cop-examining-the-legal-and-social-implications
- https://www.findlaw.com/legalblogs/criminal-defense/can-you-get-arrested-for-giving-the-middle-finger-to-a-cop/