Is It Illegal to Flip Off a Cop in New Hampshire? Here’s What the Law Says

In New Hampshire, it is not illegal to flip off a police officer, as such an action is generally protected under the First Amendment as a form of free speech. However, there are some important nuances to consider:

Legal Context

• First Amendment Rights: The U.S. Supreme Court has established that individuals have the right to express contempt or criticism toward police officers, including gestures like flipping someone off. This was affirmed in the case of City of Houston v. Hill (1987), which emphasized that verbal and non-verbal expressions directed at police are protected speech.
• Potential Consequences: While flipping off a cop is not a crime in itself, it could lead to other legal issues if it escalates into disorderly conduct or if the gesture is accompanied by threatening language or actions. Police officers might interpret such gestures as disrespectful or provocative, which could result in an arrest for related offenses like disorderly conduct.

Relevant Laws

• Disobeying an Officer: New Hampshire law (RSA 265:4) outlines behaviors that constitute disobeying a police officer, primarily focusing on failing to comply with lawful orders or providing false information. Merely expressing disdain through gestures does not fall under these prohibitions unless it leads to further unlawful behavior.

Conclusion

Flipping off a police officer in New Hampshire is not illegal and falls under protected speech; however, it is advisable to exercise caution, as such actions can lead to misunderstandings or escalate situations with law enforcement.

Sources

1. https://markosbornelaw.com/how-is-disobeying-a-police-officer-a-crime/
2. https://law.justia.com/codes/new-hampshire/2022/title-xxi/title-265/section-265-4/
3. https://en.wikipedia.org/wiki/Contempt_of_cop
4. https://www.hg.org/legal-articles/can-i-get-arrested-just-for-being-rude-to-the-police-42270
5. https://casetext.com/statute/new-hampshire-revised-statutes/title-21-motor-vehicles/chapter-265-rules-of-the-road/obedience-to-and-effect-of-traffic-laws/section-2653-obedience-to-police-officers