Flip Off a Cop in New Jersey: Is It Illegal? How many people think that flipping off a police officer is rude, but is it illegal in New Jersey? The answer involves the First Amendment and free speech. Knowing the law can help you determine what is legal and illegal.
Freedom of Speech: The Basis for the First Amendment
As stated in the First Amendment, everyone in the United States has the right to free speech. This protection gives people the right to freely express themselves, even in ways that some people might find offensive.
For example, in Cohen v. California (1971), the Supreme Court ruled that even swearing or making gestures to protest authority are typically protected by free speech, if they do not directly call for violence or pose a direct threat.
This protection from the Constitution is also applicable in New Jersey. Freedom of speech lets individuals say what they want without fear of trouble from the government.
It is not an absolute right however; certain expressions, particularly ones that may become violent or threaten others, can be punished by law.
Obscene Gestures Under New Jersey Law
New Jersey law does not specifically make acts like flipping off a police officer a crime. In fact, this is not illegal under any state law. Many forms of free speech are protected by law, which includes body language.
A driver or a pedestrian or whomever does not have to go out of his or her way to make an offensive gesture and likely can do so without guilt or shame.
Things may change though. As things get worse and threats or actions are taken against the police officer, the gesture could turn into other crimes, like disorderly conduct or harassment.
That is to say, yelling at a police officer is not illegal in and of itself, but acting aggressively or threateningly while doing it might be.
Limits to Free Speech: Disorderly Conduct and Harassment Laws
Sometimes, an action or a word may be conducted in a manner considered disorderly by a police officer, but it is unlawful if it causes trouble. N.J.S.A. 2C:33-2, disorderly conduct under New Jersey law, prohibits doing acts to cause trouble, bring people anger, or upset the peace.
Usually, this would need more than just a rude gesture; there would need to be proof of loud or disruptive behavior. Also, under N.J.S.A. 2C:33-4, someone could be charged with harassment if their actions were meant to scare or seriously annoy the police officer.
Police Reactions and Potential Consequences
Even if criticizing a police officer is fairly legal, do not forget, it may still get you some hassle.
A police officer may consider it obscene. Though they do not have the right to arrest someone simply because of this gesture, if things really become dangerous for them, they might end up getting arrested on another charge and interrogated over more questions.
Remember, you may win the legal battle, but you lose a critical war: things won’t always go your way.
Summary: Legal but Not Always Wise
In short, in New Jersey, this is not against the law to be rude to an officer: it remains protected by the First Amendment. However, should it be associated with insulting or threatening conduct, such a person could then be charged with disorderly conduct or harassment.
This action could be legal as free speech, but this is usually not a good idea because it could lead to problems with the police. Knowing your rights helps you avoid getting into trouble while exercising your freedom of speech.
