While many assume that flipping off a police officer is protected under freedom of speech, doing so in Ohio could potentially lead to criminal charges. Ohio’s disorderly conduct law is broadly defined, and courts have applied it to cases involving profanity directed at police officers.
Disorderly Conduct
Ohio Revised Code §2917.11 defines disorderly conduct as causing alarm, annoyance, or inconvenience to another person through “grossly abusive language” or offensive behavior. The Ohio Supreme Court has specified that cuss words or profane language can be considered disorderly conduct if they qualify as “fighting words”.
What Constitutes “Fighting Words?”
“Fighting words” are those that are likely to provoke a violent response from the person to whom they are directed. Whether or not flipping off a police officer constitutes fighting words is dependent on the specific circumstances.
“Fighting words” are those that are likely to provoke a violent response from the person to whom they are directed. Whether or not flipping off a police officer constitutes fighting words is dependent on the specific circumstances.
Aggravating Factors
Even if the gesture doesn’t immediately lead to a charge, certain aggravating factors can lead to increased penalties:
Even if the gesture doesn’t immediately lead to a charge, certain aggravating factors can lead to increased penalties:
- Ignoring a reasonable warning from the officer to stop.
- The conduct occurring near a school or in a school safety zone.
- The offense occurring in the presence of emergency personnel performing their job.
- Having three or more prior disorderly conduct convictions.
Penalties
Disorderly conduct is typically a minor misdemeanor, punishable by a fine of $150. However, if aggravating factors are present, it can be a fourth-degree misdemeanor, carrying a potential jail sentence of up to 30 days and a fine not exceeding $250.
Your Rights
If you are stopped by the police, Ohio law requires you to provide your name, address, and date of birth. Refusal to do so can lead to arrest and a misdemeanor charge. Unless driving, you are not required to show identification.
Police Misconduct
It’s important to know that police officers do not have the right to violate your constitutional rights. Police misconduct can include excessive force, unlawful arrest, wrongful imprisonment, or unlawful search and seizure.If you believe your rights have been violated, consulting with an Ohio criminal defense attorney is recommended. They can assess the circumstances of your arrest and advise you on your legal options.
Sources:
- https://www.suhrelaw.com/blog/can-you-be-arrested-for-cursing-at-the-police-in-ohio/
- https://www.gafirm.com/legal-blog/disorderly-conduct-ohio/
- https://www.findlaw.com/state/ohio-law/police-misconduct-laws-and-claims-in-ohio.html
- https://www.ohiobar.org/globalassets/my-ohio-rights/docs-and-pdfs/when-stopped.pdf
