Flipping off a police officer-raising your middle finger in a rude gesture-is generally considered a form of expressive conduct protected by the First Amendment of the U.S. Constitution. Courts across the United States, including federal appellate courts, have consistently ruled that non-threatening, offensive gestures toward law enforcement, such as flipping the bird, are protected speech and cannot, by themselves, serve as a lawful basis for arrest or citation.
Arizona Law and Disorderly Conduct
Arizona’s disorderly conduct statute (ARS 13-2904) criminalizes a variety of behaviors that intentionally or knowingly disturb the peace or quiet of a person, neighborhood, or family. This includes fighting, making unreasonable noise, and using abusive or offensive language or gestures “in a manner likely to provoke immediate physical retaliation by such person”. The law gives officers some discretion in determining what constitutes disorderly conduct, and charges are sometimes applied when no other specific offense fits the situation.
Key Points from Arizona Statute:
- To be convicted of disorderly conduct for a gesture like flipping off a police officer, the prosecution must prove both the act and the intent to disturb the peace or provoke a response.
- The mere act of flipping off an officer, without more (such as threats, physical aggression, or creating a genuine disturbance), is unlikely to meet the threshold for disorderly conduct under Arizona law.
- However, if the gesture is accompanied by other disruptive behaviors or is made in a context likely to provoke an immediate confrontation, it could potentially be charged as disorderly conduct.
Practical Reality
While the act itself is constitutionally protected, police officers have, in some cases, cited or arrested individuals for disorderly conduct or similar offenses after being flipped off. These charges are often dismissed, and courts have repeatedly affirmed that such gestures alone do not justify arrest or citation. Nonetheless, the risk of being detained or cited exists, and contesting the charge may require legal defense.
Summary Table: Flipping Off a Police Officer in Arizona
| Action | Is It Illegal? | Possible Legal Consequence | Notes |
|---|---|---|---|
| Flipping off a police officer (alone) | No | None (protected speech) | Protected by First Amendment |
| Flipping off + other disruptive acts | Possibly | Disorderly conduct charge | If gesture is likely to provoke retaliation or disturbance |
| Flipping off + threats/violence | Yes | Disorderly conduct or assault | Threats or violence are not protected speech |
In Arizona, it is not illegal to flip off a police officer. The gesture is protected by the First Amendment as a form of free speech. However, if the gesture is accompanied by other actions that disturb the peace or are likely to provoke an immediate violent response, it could lead to a disorderly conduct charge. Even though the law is on your side, exercising this right may still result in temporary legal hassles or confrontations with law enforcement.
Sources
[1] https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/
[2] https://www.arizonalawgroup.com/blog/common-evidence-used-in-arizona-disorderly-conduct-charges/
[3] https://www.youtube.com/watch?v=FAolt2aJAAM
[4] https://www.mayestelles.com/criminal-defense/disorderly-conduct/arizona-disorderly-conduct-law-ars-13-2904/
[5] https://www.performance-protocol.com/post/is-it-illegal-to-flip-off-a-cop-examining-the-legal-and-social-implications