While there isn’t a law specifically addressing flipping off a police officer in New Hampshire, here’s what the law generally says about the issue:
- First Amendment Protection: Giving the middle finger to a police officer is generally considered protected speech under the First Amendment. This falls under the right to freedom of expression, even if the gesture is offensive.
- No Unlawful Basis for Stop or Arrest: The Sixth Circuit Court of Appeals has ruled that such a gesture alone does not provide a lawful basis for a stop or arrest. Courts have often dismissed charges against individuals for flipping off police officers, stating that the action itself doesn’t disturb the peace or pose a threat to public safety.
- Context Matters: The legality of flipping off a police officer can depend on the specific circumstances and jurisdiction. While the gesture itself is typically protected, accompanying behaviors like aggressive physical actions or threats could lead to charges such as disorderly conduct or assault.
- Potential for Increased Scrutiny: Even if it’s not illegal, flipping off a police officer may lead to the officer scrutinizing you more closely. An officer might look for other reasons to pull you over or consider you a potential threat.
- Qualified Immunity: Police officers are often protected by “qualified immunity,” which means an officer can violate your rights if they believe you pose a threat to the public.
- Vermont Case Example: In Vermont, a man received a $175,000 settlement after being arrested for giving the middle finger to a state trooper. The ACLU of Vermont emphasized that police need to respect everyone’s First Amendment rights, even if they consider them offensive or insulting.
- Risk of Escalation: Such gestures, especially in volatile situations, can escalate conflicts and create challenges for both public safety and individual rights.
Sources:
[1] https://www.nhpr.org/2024-06-26/vermont-pays-175000-to-man-arrested-for-giving-the-middle-finger-to-state-trooper
[2] https://www.performance-protocol.com/post/is-it-illegal-to-flip-off-a-cop-examining-the-legal-and-social-implications
[3] https://suhrelawindianapolis.com/blog/can-arrested-flipping-off-cops/
