Is Giving the Middle Finger Illegal?
by
Lee Steinberg on Feb. 27, 2014
Accident & Injury Accident & Injury Car Accident Accident & Injury Personal Injury
Summary: Driving etiquette: what are the legalities of flipping off or swearing at other drivers and police officers?
The middle finger is one of the ultimate signs of disrespect. What’s unique about the gesture is that unlike swear words, “flipping the bird” transcends all barriers of communication, including the ability to actually hear. For this reason, the middle finger is especially popular among drivers wanting to convey their rage.
We’ve all been in that hostile situation at some point or another. Clearly, giving the middle finger is tasteless, vulgar and flat out rude. But is it illegal?
The answer, unequivocally, is “no.”
Like everyone’s favorite curse words, the middle finger is considered a vessel of self-expression and is therefore protected by the First Amendment. As a matter of fact, the First Amendment even protects your right to flick off a police officer.
While giving a police officer the middle finger isn’t smart, it’s also not illegal. And therefore, it’s not sufficient cause for a police officer to arrest you. The legality of detaining a person for being verbally abusive was tested in 2011 when Robert McIntosh Jr., a man from Boulder, CO, was unlawfully arrested for swearing at a deputy during a traffic stop.
According to the Denver Post:
“In an incident report, Boulder County Deputy Timothy Lynch said McIntosh became verbally abusive as he wrote him a ticket for going 41 mph in a 20 mph school zone. Lynch said McIntosh cursed and directed profanities at him and that he arrested McIntosh after warning him to stop.”
Not only was McIntosh released from jail, but he recovered a $20,000 out of court settlement after his attorney argued that McIntosh’s First Amendment Speech Rights had been violated.
Now, we know what you’re thinking. And the answer is “no,” giving the middle finger to a police officer will not entitle you to a five-figure cash settlement. It also won’t win you any favors during your next traffic stop. You don’t want to be on the bad side of a police officer, because he and his crew can find other ways to bust you within the parameters of the law.
It’s also important to remember that police officers are the good guys. They get a bad rap because they give tickets, but they are simply enforcing the law. Without police officers, it would be anarchy on the streets. They have a hard, sometimes thankless job, and they deserve to be treated with respect.
If you’ve been injured in a motor vehicle accident due to another driver’s reckless behavior, or your First Amendment rights have been violated, call the Law Offices of Lee Free.
