No, it is not illegal to flip off a cop in Delaware. Giving the middle finger to a police officer is considered protected speech under the First Amendment of the U.S. Constitution.
Legal Precedent
Courts have consistently ruled that flipping off police officers is constitutionally protected expression:
- The U.S. Supreme Court has established that gestures like the middle finger are protected by the First Amendment.
- Multiple federal appeals courts have affirmed the right to flip off police officers.
Delaware Case Law
A recent case in Delaware further reinforced this right:
- In 2022, a man named Jonathan Guessford was unlawfully cited by Delaware State Police for flipping them off while driving away.
- Body camera footage showed the officers knew the citation was improper but issued it anyway to punish Guessford.
- Guessford filed a lawsuit claiming his First Amendment rights were violated.
- The Delaware State Police ultimately agreed to a $50,000 settlement.
Important Considerations
While flipping off police is legally protected, there are some key points to keep in mind:
- Officers may still use it as a pretext to initiate a stop or investigate further.
- It could potentially escalate a situation unnecessarily.
- Police may attempt to charge for other offenses like disorderly conduct, even if those charges are ultimately dropped.
Delaware Disorderly Conduct Law
Delaware’s disorderly conduct statute does not specifically prohibit offensive gestures. The law focuses on:
- Causing public inconvenience or alarm
- Fighting or violent behavior
- Unreasonable noise
- Obstructing traffic or congregating unlawfully
While an officer could potentially try to apply this law, courts have generally not upheld disorderly conduct charges for protected speech like the middle finger alone.
In conclusion, while flipping off a police officer is legally protected in Delaware, it’s generally inadvisable as it may lead to unnecessary confrontation or legal complications, even if you are ultimately vindicated. The wisest course of action is to remain respectful in interactions with law enforcement while still asserting your rights when necessary.
Sources
- https://reason.com/2023/08/14/cops-invented-a-reason-to-cite-man-who-flipped-them-off/
- https://law.justia.com/cases/delaware/supreme-court/1981/433-a-2d-1040-4.html
- https://www.youtube.com/watch?v=FAolt2aJAAM
- https://delcode.delaware.gov/title11/c005/sc07/index.html
- https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/
