Flipping off a police officer—commonly known as giving the middle finger—is not illegal in Hawaii. This gesture, while considered rude or disrespectful, is protected under the First Amendment of the U.S. Constitution as a form of free speech
Legal Background
- First Amendment Protection: Courts across the United States, including federal appellate courts, have consistently ruled that non-threatening, offensive gestures such as flipping off a police officer are a form of expressive conduct protected by the First Amendment This means that simply making the gesture, without more, does not provide lawful grounds for a stop, arrest, or citation.
- No Hawaii Law Prohibiting the Gesture: There is no specific law in Hawaii that makes it a crime to make an obscene gesture at a police officer. The state’s criminal statutes do not list this act as an offense
Important Caveats
- Context Matters: While the gesture itself is protected, the context in which it is made is crucial. If the gesture is accompanied by threatening behavior, incites violence, or is part of a larger disturbance, it could potentially result in charges such as disorderly conduct or harassment
- Officer Discretion: While you cannot be legally arrested solely for flipping off a cop, antagonizing law enforcement may lead to increased scrutiny or escalation. Officers may look for other legal reasons to detain or cite you if you are otherwise violating the law
What If You’re Arrested Anyway?
If you are arrested or cited solely for making this gesture, you may have grounds for a civil rights lawsuit. Courts have found arrests based solely on this gesture to be unconstitutional, and individuals have successfully sued for violations of their rights
Table
| Action | Legal in Hawaii? | Notes |
|---|---|---|
| Flipping off a cop (gesture only) | Yes (protected speech) | Not a crime by itself |
| Accompanied by threats/violence | No | May be charged as disorderly conduct |
| Arrested solely for gesture | No legal grounds | May be grounds for civil rights lawsuit |
Flipping off a police officer in Hawaii is not illegal and is protected free speech, unless it is part of threatening, violent, or otherwise unlawful conduct. While legal, it is generally unwise, as it may escalate tensions or lead to other legal complications.
Sources
[1] https://law.justia.com/codes/hawaii/title-37/chapter-710/section-710-1016-7/
[2] https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
[3] https://codes.findlaw.com/hi/division-5-crimes-and-criminal-proceedings/hi-rev-st-sect-710-1016-6/
[4] https://www.performance-protocol.com/post/is-it-illegal-to-flip-off-a-cop-examining-the-legal-and-social-implications
[5] https://www.shubinlaw.com/flipping-off-police-officers-constitutional-federal-court-affirms/
