Flip Off a Cop in Ohio: Is It Illegal? It would be considered a part of the First Amendment rights under the U.S. Constitution as regards free speech: to give a police officer the “finger” or make an obscene motion.
This is true in Ohio as well as throughout the country. Indeed, it may come as a surprise to discover that the law generally views these acts as free speech unless they pose a direct threat to public safety or are part of an overall pattern of illegal conduct.
Let us consider what the law has to say about this and what might occur as a consequence.
First Amendment Protection
The First Amendment entitles the people the right of free speech, which also involves the use of objectionable words and such rude gestures, but within limits.
In the 1987 case Houston v. Hill, the Supreme Court ruled that people are free to openly challenge police officers unless it causes any violence or impedes the officer to perform his duties.
This determination has been used to argue that even offensive or hostile acts, such as making a middle finger gesture, are constitutionally protected speech.
Similarly, the Michigan case Cruise-Gulyas v. Minard (2013) strengthened the position of the courts on this issue even further.
That woman yelled at a police officer who stopped her for speeding, and the officer pulled her over again and issued a more serious citation.
The court agreed with the woman and said that the officer’s second stop was an act of revenge because the gesture was protected by the First Amendment.
How This Applies in Ohio
As with the rest of the country, Ohio follows the same constitutional rights. This means that yelling at a police officer is not automatically illegal.
In fact, Ohio courts have said in similar situations that making rude or offensive actions does not make them acceptable for police to arrest or hurt the person. But the situation is quite pertinent.
If the gesture leads to disorderly conduct or obstructs an officer from performing his duties, legal action may be initiated.
There are Ohio laws such as Ohio Revised Code § 2917.11, which define what disorderly conduct is. It is not permitted to do something that causes a third person alarm, embarrassment, vexation, or angers.
Shooting at a police officer in an adrenaline-pumping tense situation may lead to a charge of disorderly conduct.
You may be charged with a crime if your act aggravates a situation to the point where public safety is compromised or creates a scuffle that diverts an officer’s attention away from a call.
Retaliation and Overreach by Officers
The law may protect your right to yell at a police officer, but that does not mean they will not do anything about it. The police might think the gesture is rude and might find another reason to stop or hold you, like a small traffic violation.
This is where things can get tricky from a legal point of view. Should a police officer attack you just because of the motion, then they might be violating your First Amendment rights.
When such things occur, courts have made it clear that police vengeance is not okay. If you feel that a cop went after you because of what you did, then you are likely to file a lawsuit.
BUT remember to keep cool and not exacerbate the situation further. You are covered legally, but things will rapidly spin out of control if police are involved, especially when there is some kind of confusion or bad communication.
Legal Consequences
Yelling at a police officer may not be against the law, but it isn’t the brightest idea.
Officers might scrutinize your every move, though they cannot book you for the gesture itself, they can find other grounds to arrest you or give you a ticket if you are breaking the law.
Your actions may bring you other charges, such as resisting arrest or obstruction of official business, if the scenario turns worse than the gesture. In such instances, it may not be the action wrong itself but how you generally acted.
Conclusion
Because of the First Amendment, Ohioans can usually yell at police officers, but that doesn’t mean that all moves are allowed. Context varies. If your move causes a commotion or obstructs the work of an officer, that’s a legal problem.
Even if the law is on your side, consider what might happen before you speak. Also, in most cases, it’s better to find a peaceful solution than to push the limits of free speech in a heated argument.
