No, it is not illegal to flip off a police officer in New Jersey. The act of showing your middle finger-commonly known as “flipping the bird”-is considered a form of expressive conduct protected by the First Amendment’s guarantee of free speech. Legal precedent in New Jersey firmly establishes that, while the gesture may be rude or disrespectful, it is not a crime and cannot be the sole reason for a traffic stop, arrest, or citation.
Legal Precedent and Free Speech
- In a notable case, charges against a Bergen County man were dismissed after he was cited for disorderly conduct for flipping off a police officer. The ACLU of New Jersey emphasized that “a raised middle finger, even one directed toward a police officer, is an act of speech protected under the First Amendment”.
- Police officers must have “probable cause” to pull you over or arrest you. Simply making an obscene gesture does not meet that threshold, as it is not a violation of any law by itself.
Possible Exceptions
- If the gesture is accompanied by threats, aggressive behavior, or actions that could be interpreted as harassment or disorderly conduct (such as creating a public disturbance, using abusive language, or making threats), then you could potentially face legal consequences.
- New Jersey’s harassment and disorderly conduct laws prohibit obscene gestures in a public place if they are intended to seriously annoy, alarm, or threaten someone, but courts have generally held that the middle finger alone does not rise to this level unless paired with other conduct.
Practical Advice
- While it is legal, flipping off a police officer is likely to escalate the situation and is not recommended from a practical standpoint.
- Officers may look for other reasons to issue a citation if you antagonize them, so exercising your rights with courtesy is always wise.
Flipping off a cop in New Jersey is not illegal and is protected by the First Amendment, as long as it is not accompanied by threats or other disorderly conduct. However, it is generally unwise and may draw unwanted attention from law enforcement.
Sources
[1] https://943thepoint.com/can-i-legally-get-pulled-over-for-flipping-off-a-cop-in-new-jersey/
[2] https://stopstreetharassment.org/strategies/sshlaw-bestadvocacyordinance/
[3] https://www.aclu-nj.org/en/press-releases/free-speech-victory-man-who-flipped-cop-unmarked-car
[4] https://wpst.com/is-it-illegal-to-flip-off-a-cop-in-new-jersey/
[5] https://ground.news/article/is-it-illegal-to-flip-off-a-cop-in-new-jersey-heres-what-the-law-says_17e4ba