Is it illegal to give a police officer "the finger"?

could you get arrested or ticketed for flipping off an on-duty officer? if so, under what law? this is just an in general situation, not during being pulled over or anything like that. just like in passing. answers from officers or from people that know the law are appreciated. i have never done this or plan on doing this, by the way.
Additional Details
hmm, well i've received many answers. thank you to those who completely read my question and legitimately answered.

i feel like most people answering don't know the law and are just answering based on what they "think" and not what they "know". this does NOT help me find my answer, but congrats on your 2 points.

i also have different people claiming to be officers answering, but with different results. who to believe, i am not sure. i can't find any information online, searching with several paramaters...

is there no ONE LAW in the UNITED STATES which governs this question? is it truly different state by state, county, city, town, neighborhood???

if not/if so can anyone link me up to a site that can back up your answer?

and as i formerly stated, this is not something i have done or would do to an officer. i am doing research. thank you.

martin b

It may be depending on what state or municipality you are in and what obscenity laws they have on the books.

Just a note: Bad idea even if there is no such law. A police officer can always find a reason to arrest someone. Some officers may laugh it off, but most will not.

helene

FRAGINAL-NOYPI

"The finger" is an affront against the Police Officer constituting as Disrespect to An Authority and it is punishable under the Penal Code.

redlizzard1121

Yes. I believe this falls under harrassing an officer, and it can at least get you taken down to the station, if not arrested and fined.

sexxymexxy926

Yep, we can write you for disorderly conduct under our ordinance:

Disorderly conduct to wit: did knowingly display a vulgar or obscene gesture in a public place.

Soul Rebel

I think it's known as insulting an officer.

Joey

Nope. It just eggs them on though. They are supposed to be professional and ignore it.

mikeysco

Normally, I read all the answers to a question before I answer it, but I'm just not going to do it this time.

In California, the answer to your question is no.

GeT fAmIliAr

LOL, probably

rhymingron

No, but if you are dumb enough to do it you will probably regret it.

acharz

Why would you do that anyway? Are you childish? I guess so. And people who do that wonder why the police dont come in time...

alienform2003

it's illegal because it's indecent and he can charge you with public exposure

slicktop80

The courts have ruled that this is protected under "freedom of speech". In Texas, this used to be a misdemeanor charge of public lewdness. That law was struck down, and it is not a crime any longer. It now falls into a non-official group of offenses that are included in the P.O.P. (Pissing Off Police) category. You might not get pinched for "expressing" yourself, but you may very well get "scrutinized" for any number of other infractions. Just because it's legal does not mean it's smart. Hell, you can drive nails with a wrench, but that does not make it a good idea. Save yourself the trouble and just curse under your breath.

cantcu

I think they do arrest some people for it, though I think it is unconstitutional!
This is what Colorado says about it!:
Harassment
A person commits harassment if they do any of the following with the intent to annoy or alarm another person:

"* strikes, hits, kicks, shoves, or touches a person or subjects him/her to physical contact
* uses obscene language or makes an obscene gesture to or at someone in a public place
* follows a person in or around a public place"

"S.D. high court: Teen's obscene gestures weren't protected speech

By The Associated Press
06.15.02
PIERRE, S.D. â€” A teen-ager who flipped up his middle finger and mouthed the f-word several times at a school official was properly convicted of disorderly conduct, the state Supreme Court majority ruled June 13.

But two dissenting justices said the boy, identified only as S.J.N-K. to protect his identity as a juvenile, was within his free-speech rights.

S.J.N-K. made the obscene gestures to Yankton Middle School Principal Wayne Kindle"

"This was not merely the use of one profane word or one obscene gesture, it was an ongoing aggression that falls outside free-speech protection," wrote Chief Justice David Gilbertson.

The encounter with Kindle and his family was prompted because the principal had refused to allow S.J.N-K. to skip eighth grade. The boy later managed to skip the grade and start high school by transferring to Vermillion.

"S.J.N.-K.'s act of retaliation against Kindle for not letting him skip the eighth grade and advance to high school is not political speech," Gilbertson added. "It was an unprovoked form of harassment, done but for no apparent purpose than to incite a violent reaction in Kindle. S.J.N.-K. is not relieved of guilt simply because his attempts to provoke Kindle were unsuccessful."

Former Acting Justice Max Gors, who dissented with Justice Robert A. Amundson in the 3-2 ruling, said S.J.N-K.'s conduct was rude and obnoxious but did not amount to disorderly conduct, especially in a confrontation involving a seasoned school principal.

The boy was protected by the Constitution's free-speech guarantee, Gors wrote, adding that S.J.N-K.'s behavior did not amount to provocative "fighting words" that are outside of the constitutional shroud."

Though I think it is not something one should do, flipping off a seasoned police officer does not constitute a violation of law and I believe protected freedom of speech under the !st Amendment!

Draco

I seriously doubt it but, I would advise against it as it would most likely provoke the officer to take a closer look at your car and try find the tiniest error to fine you.

Debi K

not illegal, but not wise either.

elliepatchouli

My friend got a disorderly conduct ticket for calling a cop a pig.

hollywood71@verizon.net

hand signals have been considered under the freedom of speech. they could pull you over and try to ticket as a obscene gesture, but many have not held up in court. if they pulled you over, they could find something to give a traffic ticket for or see something in a car to give reasonable searches.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: