Flip Off a Cop in Washington: Is It Illegal? Some may think that giving a police officer the middle finger or flipping him off is the quickest and most satisfying way to show that you are angry or frustrated.
But does this kind of rude behavior towards police break a law? The answer is more complicated than you think, especially with free speech rights being huge in a state like Washington.
Here’s what you need to know about how this act works legally in Washington.
First Amendment Rights and Free Speech
Freedom of speech, which encompasses so many kinds of expression, is protected by the First Amendment of the United States Constitution. Courts have ruled repeatedly that spoken words, gestures, and symbols may all be protected by free speech laws.
This shielding typically covers hand gestures intended for police, so long as they do not become acts that can be considered harassing or intimidating.
The U.S. Supreme Court has already rendered rulings on cases in which people spoke or acted rudely to police. However, in Cohen v. California (1971), the Supreme Court ruled that there is constitutional protection to wear a jacket that said nasty things about the government.
The other courts are also of the view that middle finger is speech protected if it does not become worse and cause more problems.
Disorderly Conduct and Obstruction Laws in Washington
Even if giving an officer the middle finger is not illegal by itself, it could get you in trouble with the law if it is part of something bigger that breaks Washington’s disorderly conduct or obstruction laws.
The law in Washington (RCW 9A.84.030) says that behavior that could cause a public disturbance is illegal.
It is not usually disorderly conduct to just flip off a police officer, but if the gesture is part of larger, disruptive behavior that gets people’s attention or stirs up others, the officer could, in theory, charge disorderly conduct.
Similarly, Washington law against obstruction of justice states that no one is permitted to interfere with police work. However, a middle finger most of the time does not necessarily imply obstruction as it does not prevent officers from carrying out their duties literally.
In most cases, courts consider how “objectively reasonable” the officer’s response was. If a police officer detained someone for flashing someone the middle finger as a rude gesture, then that could be considered unfair and rise to a colorable claim of unlawful detention.
The Reality on the Ground: Discretion and Potential Risks
Even if criticizing a police officer is legal in terms of First Amendment freedom, it would be remembered that the officer may still react. To describe their manner of action, there is a degree of discretion given to the police.
While some may not take notice of the gesture, others may view it as an opportunity to monitor the person for other possible infractions.
It may not be healthy to resort to maltreating police officers, even though the law allows you to do so. Police officers may track you down for longer or scrutinize what you do if they feel you are being obnoxious.
They cannot legally arrest or charge you for the gesture itself, but they might scrutinize more what you do.
Precedents in Washington Courts
There hasn’t been a significant case in Washington that directly addressed whether or not giving the police the middle finger is legal.
A number of federal courts, however, have determined that speech that is offensive but not violent is protected as free speech. That’s probably what will happen in Washington.
In short, in Washington, yelling at an officer is generally legal due to the First Amendment, but there are potential effects that may occur.
To be on the safe side, think twice about the situation and remind oneself that even if one is technically allowed to make the move, it could have effects outside of court.
