Flipping off a police officer in Virginia is not illegal. Courts have repeatedly held that giving the middle finger to law enforcement is a form of expressive conduct protected by the First Amendment’s free speech clause. This protection applies even when the gesture is directed at police, as confirmed by both federal and state court rulings.
Key Legal Rulings
- Federal and Virginia courts have ruled that police cannot lawfully stop, detain, or arrest someone solely for flipping them off. In the case of Clark v. Coleman, a Virginia man was pulled over after making the gesture toward a sheriff’s deputy. The court found the stop and seizure violated both his First and Fourth Amendment rights, stating that the officer had no reasonable suspicion of wrongdoing based on the gesture alone.
- The gesture is considered crude but not criminal. Judges have emphasized that while the act may be offensive, it is not a crime and does not justify police action such as a traffic stop or arrest.
Important Caveats
- Disorderly Conduct Laws: While the gesture itself is protected speech, police sometimes cite disorderly conduct or similar broadly written statutes. However, courts have generally dismissed such charges when the only alleged misconduct was the hand gesture, unless it was accompanied by “fighting words” or incited immediate violence.
- Retaliation and Reality: Although it is your constitutional right, some officers may still react negatively, potentially leading to temporary detention or citation. Such actions are often found unlawful in court, but may still result in inconvenience, legal fees, or the need to defend your rights after the fact.
What the Law Says
“You have a First Amendment right to verbally oppose a police officer to criticize him, and that includes conduct that’s expressive like giving the officer a finger. It doesn’t mean that no officer ever arrests somebody for doing so, but it’s illegal.”
- Professor Rachel Harmon, University of Virginia Law School
- It is not illegal to flip off a cop in Virginia. The gesture is protected by the First Amendment.
- Police cannot lawfully stop, detain, or arrest you solely for this gesture. If they do, it may constitute a violation of your constitutional rights.
- Exercising this right may still provoke a response, so be aware of the practical risks even if the law is on your side.
Flipping off a police officer in Virginia is legal and constitutionally protected, but doing so may still result in an encounter with law enforcement that you may later need to defend in court.
Sources
[1] https://valawyersweekly.com/2020/04/06/flipping-off-cop-didnt-justify-stop/
[2] https://www.youtube.com/watch?v=FAolt2aJAAM
[3] https://www.youtube.com/watch?v=vRClVdhEPsY
[4] https://www.findlaw.com/legalblogs/criminal-defense/can-you-get-arrested-for-giving-the-middle-finger-to-a-cop/
[5] https://www.techdirt.com/2020/04/01/virginia-court-reaffirms-right-to-give-cops-finger/
