While flipping off a police officer in Montana is not explicitly illegal, it’s a complex legal issue that involves First Amendment rights and potential charges for disorderly conduct. Here’s what the law says:
First Amendment Protection
Extending the middle finger at a police officer is generally considered protected speech under the First Amendment. Federal court decisions have consistently upheld this right:
- In City of Houston v. Hill (1987), the Supreme Court ruled that the First Amendment “protects a significant amount of verbal criticism and challenge directed at police officers”.
- The Court of Appeals for the Second Circuit ruled in Swartz v. Insogna (2013) that extending the middle finger at an officer is not grounds for stopping or arresting an individual.
Potential Charges
Despite First Amendment protections, flipping off a cop could potentially lead to charges under Montana’s disorderly conduct law:
Montana Code 45-8-101 defines disorderly conduct as knowingly disturbing the peace by:
- Using threatening, profane, or abusive language
- Creating a hazardous or physically offensive condition that serves no legitimate purpose
A conviction for disorderly conduct can result in a fine up to $100 or imprisonment for up to 10 days, or both.
“Contempt of Cop”
While not an actual offense, “contempt of cop” refers to behavior that officers perceive as disrespectful. This can sometimes lead to questionable arrests or escalated situations. It’s important to note that expressing contempt for police officers is generally protected speech.
Recent Legal Developments
In 2019, federal courts further affirmed the right to express displeasure towards police:
- The Sixth Circuit Court of Appeals ruled in favor of a woman who sued after an officer increased the severity of her traffic ticket for flipping him off.
- The Eighth Circuit Court of Appeals ruled in favor of a man arrested for shouting an obscenity at an officer, finding his First Amendment rights were violated.
Practical Considerations
While flipping off a cop may be legally protected, it’s not advisable:
- It could escalate a situation unnecessarily.
- Officers might find other reasons to issue citations or make arrests.
- Montana law allows officers to order dispersal of disorderly persons, with failure to comply being an additional offense.
While extending the middle finger to a police officer in Montana is likely protected by the First Amendment, it could potentially lead to charges under broadly interpreted disorderly conduct laws. The safest approach is to remain respectful during police interactions while still asserting your rights when necessary.
SOURCES:-
[1] https://963theblaze.com/avoid-this-trick-question-that-a-montana-police-officer-can-ask/
[2] https://www.law.cornell.edu/regulations/montana/Mont-Admin-r-12.8.208
[3] https://en.wikipedia.org/wiki/Contempt_of_cop
[4] https://archive.legmt.gov/bills/mca/title_0450/chapter_0080/part_0010/section_0010/0450-0080-0010-0010.html
