Flipping off a police officer-raising your middle finger in a gesture of frustration or protest-is not illegal in Washington. This act is protected under the First Amendment as a form of free speech.
Federal courts, including the Sixth Circuit Court of Appeals, have affirmed that such gestures, while rude, are constitutionally protected and cannot be grounds for arrest, ticketing, or a police stop.
“Fits of rudeness or lack of gratitude may violate the Golden Rule. But that doesn’t make them illegal or for that matter punishable or for that matter grounds for a seizure.”
- Judge Jeffrey Sutton, Sixth Circuit Court of Appeals
Washington State Law
Washington specifically recognizes that cursing or using abusive language-including gestures like the middle finger-toward police is protected speech.
The Washington Supreme Court has ruled that obstruction statutes cannot be used to limit a citizen’s right to express verbal or even abusive criticism of police officers.
Disorderly Conduct and Exceptions
While flipping off a cop alone is not grounds for arrest, officers may still interpret your actions as disorderly conduct if combined with other disruptive behavior.
Washington’s disorderly conduct law covers actions like using abusive language to intentionally create a risk of assault, disrupting lawful assemblies, or obstructing traffic.
However, the lone act of flipping someone off, without more, does not meet the threshold for disorderly conduct or obstruction.
Practical Reality
Although it is legal, some officers may still react negatively or attempt to justify a stop or arrest under disorderly conduct or similar statutes. If this happens, you may have grounds for a civil rights claim, and consulting an attorney is advisable.
Flipping off a cop in Washington is not illegal and is protected by the First Amendment. You cannot be lawfully arrested or ticketed for this gesture alone, though pairing it with threatening or disruptive conduct could lead to legal trouble.
Sources:
- https://www.yahoo.com/news/trouble-giving-middle-finger-washington-183658111.html
- https://www.superlawyers.com/resources/civil-rights/can-i-be-arrested-for-swearing-at-a-police-officer/
- https://www.abajournal.com/news/article/flipping-the-bird-is-protected-by-the-first-amendment-federal-appeals-court-says-in-cop-stop-case
- https://www.shubinlaw.com/flipping-off-police-officers-constitutional-federal-court-affirms/