Flipping off a police officer, commonly referred to as “giving the finger,” raises significant questions regarding free speech and law enforcement conduct. In Delaware, this issue has recently gained attention due to a high-profile case involving Jonathan Guessford, who was ticketed after making this gesture towards state troopers.
Legal Framework
From a legal standpoint, the act of flipping off a police officer is generally protected under the First Amendment of the U.S. Constitution, which safeguards freedom of speech. Courts have consistently upheld that non-threatening gestures, even if deemed offensive, fall within the realm of expressive rights. For instance, the Sixth Circuit Court of Appeals has ruled that such gestures do not provide lawful grounds for police stops or arrests. This principle underscores that while the gesture may be disrespectful, it does not constitute a criminal offense.
The Guessford Case
In March 2022, Guessford was holding a sign warning drivers about a speed trap when he was confronted by Delaware state troopers. After they destroyed his sign, he flipped them off while driving away. The officers pursued him at high speeds and subsequently issued a citation for “improper hand signals,” despite knowing that this charge was unfounded. Body camera footage revealed that the officers discussed how to justify their actions and acknowledged that they could not legally cite him simply for expressing his displeasure.
Following the incident, Guessford filed a lawsuit against the officers, claiming that they violated his First Amendment rights. The case highlighted not only the legal protections surrounding free speech but also the potential for abuse of power by law enforcement. Ultimately, Delaware State Police settled the lawsuit for $50,000, acknowledging that their actions were inappropriate and unconstitutional.
Broader Implications
The implications of this case extend beyond Delaware. It illustrates a broader trend where individuals are asserting their rights against perceived police overreach. While flipping off a cop is legal, it can lead to confrontations with law enforcement who may misuse their authority to retaliate against such gestures. Legal experts caution that while one has the right to express themselves in this manner, it may still provoke an aggressive response from police officers who might interpret it as disorderly conduct.
Flipping off a cop in Delaware is not illegal and is protected by the First Amendment as an act of free speech. However, as demonstrated in the Guessford case, exercising this right can lead to confrontations with law enforcement and potential legal repercussions. It serves as a reminder of the delicate balance between individual freedoms and law enforcement’s authority. Citizens are encouraged to be aware of their rights while navigating interactions with police to avoid unnecessary complications.
Sources:
[1] https://www.businessinsider.com/delaware-police-plotted-phony-charges-guy-who-gave-middle-finger-2023-8
[2] https://www.performance-protocol.com/post/is-it-illegal-to-flip-off-a-cop-examining-the-legal-and-social-implications
[3] https://reason.com/2023/08/14/cops-invented-a-reason-to-cite-man-who-flipped-them-off/
[4] https://suhrelawindianapolis.com/blog/can-arrested-flipping-off-cops/
