Flipping off a police officer in Vermont is not illegal—it’s protected free speech under the First Amendment. No specific state law criminalizes the gesture alone, though it may provoke unnecessary scrutiny.
Legal Protections
Vermont courts uphold U.S. Supreme Court precedents like Cohen v. California, affirming offensive gestures as expression. Simple middle-finger displays don’t qualify as disorderly conduct without threats or disruption.
State statutes on impeding officers (§ 3001) or resisting arrest (§ 3017) target physical interference, not symbolic acts.
Notable Cases
In 2018, Gregory Bombard was arrested after flipping off a Vermont State trooper during a traffic stop. The case settled for $175,000, confirming the arrest violated his rights; charges were dropped.
Such retaliatory actions have led to ACLU victories and policy shifts, deterring baseless stops.
Potential Risks
While legal, the gesture can escalate encounters, prompting pretextual stops for minor issues like tinted windows. Officers must ignore it absent probable cause for other violations.
Rural Vermont sees fewer issues than urban stops, but recording interactions bolsters defenses.
When It Crosses Lines
Accompanying words forming “fighting words” or incitement could trigger charges under disorderly conduct laws. Context like traffic evasion changes outcomes.
| Scenario | Legal? | Statute Risk |
|---|---|---|
| Gesture alone | Yes | None |
| With threats | No | Disorderly conduct |
| During arrest resistance | No | § 3017 |
SOURCES :
- https://mywaynecountynow.com/is-it-illegal-to-flip-off-a-cop-in-vermont-heres-what-the-law-says/
- https://legislature.vt.gov/statutes/fullchapter/13/067
