Flipping off a police officer—showing the middle finger—is rude and provocative, but it’s protected speech under the First Amendment in Colorado. No state law criminalizes the gesture alone, though it has led to arrests later overturned.
Understanding the Gesture
The middle finger is a crude, nonverbal insult dating back centuries, often signaling disdain or anger. Directed at law enforcement, it expresses frustration with authority, as seen in viral videos and social media challenges. In Colorado, it’s tested courts repeatedly, affirming free speech rights.
First Amendment Protections
The U.S. Supreme Court and federal appeals courts, including the Sixth Circuit, have ruled that such gestures are symbolic speech safeguarded by the First Amendment, absent threats or incitement. Colorado follows suit: vulgar or offensive expression toward police isn’t arrestable if it doesn’t breach peace.
Colorado’s Disorderly Conduct Law
Colorado Revised Statutes § 18-9-106(1)(a) defines disorderly conduct as making a “coarse and obviously offensive utterance, gesture, or display in a public place” that “tends to incite an immediate breach of the peace”—a petty offense. Courts interpret “breach of the peace” narrowly; mere offense doesn’t qualify, protecting gestures like flipping off cops.
Other sections cover noise, fighting, or fake firearms, but none target insults alone.
Key Cases in Colorado
In 2011, Shane Boor was charged with harassment after flipping off a state trooper in Jefferson County; the ACLU defended him, and charges dropped amid media scrutiny, affirming “it’s rude to flip off a cop, but it’s not a crime.” Recent dismissals awarded damages for arrests over profanity or gestures, reinforcing First Amendment wins.
Potential Risks and Consequences
While legal, the act invites scrutiny: officers might cite traffic violations, search vehicles, or charge disorderly conduct pretextually, risking court fights. Petty offenses carry fines up to $300; escalations to misdemeanors add jail time if context involves threats. Police retaliation, like prolonged stops, remains common despite protections.
Police Response and Advice
Officers must tolerate insults without retaliation, per training and case law, developing “thicker skin.” Citizens should film interactions for evidence. Avoid if driving—escalation risks DUIs or searches. Consult lawyers post-incident; groups like ACLU often assist.
Expressing dissent is a right, but wisdom tempers it—speech is free, but courtesy preserves peace.
Sources
- (https://www.aclu-co.org/news/aclu-will-defend-colorado-man-arrested-giving-trooper-finger/)
- (https://www.performance-protocol.com/post/is-it-illegal-to-flip-off-a-cop-examining-the-legal-and-social-implications)
- (https://www.colorado-criminal-lawyer-online.com/first-amendment-protects-us-fr/)
