In Texas, giving a police officer the middle finger is generally legal, as it is considered protected speech under the First Amendment. However, this protection isn’t absolute and has limitations.
Freedom of Speech: The First Amendment protects expressive conduct, including gestures like “flipping the bird,” especially when conveying a message or idea. This protection extends even when the gesture is directed at a police officer.
Disorderly Conduct: The legality of the gesture can change if it crosses the line into disorderly conduct. According to the Texas Penal Code, disorderly conduct involves using abusive, indecent, profane, or vulgar language in a public place, which tends to incite an immediate breach of the peace. The gesture should not include threats or “fighting words”. The language must be likely to incite violence against another person.
Case Law:
- Cruise-Gulyas v. Minard: A 2019 Michigan case affirmed that flipping off a police officer is not illegal. Chief Judge Jeffrey S. Sutton stated that rudeness or lack of gratitude doesn’t make an action punishable or grounds for seizure. In this case, a woman was pulled over for speeding and flipped off the officer as she drove away. The officer then pulled her over again and gave her a full ticket. The court determined that the second stop was not justified and was motivated by the woman’s protected conduct.
- Brown v. Wilson: A man in Texas was pulled over for not having a front license plate and received a ticket for disorderly conduct for flipping off the officer. He filed a lawsuit, and the court addressed the burden of proof for issuing such charges.
Considerations: While flipping off a police officer is not a criminal offense, it might cause the officer to scrutinize the individual more closely. It is important to note that the law does not protect speech that incites violence.
Historical Context: Historians say that the Romans used the gesture as a proxy for Priapus, a Greek god associated with fertility, conveying a sexual threat.
Sources:
[1] https://knue.com/flipping-off-texas-police-officer-legal/
[2] https://suhrelawindianapolis.com/blog/can-arrested-flipping-off-cops/
[3] https://beltzlaw.com/is-it-illegal-to-flip-someone-off-in-texas-understanding-disorderly-conduct-charges/
[4] https://www.yahoo.com/news/texas-flip-police-bird-michigan-193154729.html
