Flip Off a Cop in Arizona: Is It Illegal? The First Amendment really protects freedom of speech very well in the United States. This would include lots of different types of speech, even those that might offend some people.
One such one is the gesture of “flipping off” someone with a hand gesture known to all, which might seem like a minor thing, but sure gets some people into deep trouble with the law, especially when done to police.
People in Arizona and many other states want to know if it is illegal to spit on a police officer. How about we take a closer look?
The First Amendment and Freedom of Expression
There is freedom of speech protected by the First Amendment. This includes symbolic forms of speech like hand gestures. The U.S. Supreme Court has said over and over that this freedom includes ways of expressing yourself without words.
For instance, in Cohen v. California (1971), the Supreme Court pronounced that a person can wear a jacket with a rude anti-war message. The court further emphasized that the government should not stop people from expressing themselves based on its unacceptance of how others may construe them.
Along these lines, the Supreme Court declared in City of Houston v. Hill (1987) that people could tell police officers what they think and even insult them as long as they did not obstruct their work.
This case holds that shouting at a police officer is generally speech protected by the First Amendment unless it actually interferes with the officer from performing his job or involves any other illegal activity.
Arizona’s Disorderly Conduct Law
While discussing antisocial behavior, people often talk about the disorderly conduct laws of Arizona. Disorderly conduct includes acting in such a way that it makes others angry or upset, according to Arizona Revised Statutes § 13-2904.
But there has to be some kind of intent or behavior that threatens public order. If you just sneer at a police officer without making threats or getting in the way, that probably does not count as disorderly conduct.
In real life, the person probably will not be charged with a crime if they make the gesture from a distance and do not do anything else that is bothersome.
But if the person makes the gesture and then does something that gets in the way of an officer’s job, it could be seen as disorderly conduct.
What Could Happen in Practice
Heckling a police officer might not be against the law, but it could lead to real-life problems. As people, police officers might find the gesture offensive.
When insulted, most officers are taught to maintain their cool, but some may halt the person or start a conversation.
Any subsequent interaction would need to be based on a reasonable suspicion of a real crime-not on the gesture itself, since the First Amendment protects that.
However, an officer could claim that the individual was not cooperating or being a disruptor, which would result in a short detention or even a disorderly conduct ticket.
Perhaps these kinds of actions will not pass muster in court, particularly if the only “crime” involved was that of flipping the bird.
What Say the Courts
Most courts have held that the right to spit on police officers is permitted, as it is also rude and does not endanger human lives after all.
For instance, the case Crucey v. Jackson in 2013 revealed such a judgment where a federal court ruled that no one had a right to be arrested for being rude because it was a protected speech.
Conclusion
It is probably legal in Arizona and much of the United States to insult a police officer on account of the First Amendment. However, people ought to know the reactions they may receive from others.
Even if it is not technically against the law, the gesture could get you extra attention or a short encounter with the police.
If you want to avoid the police, screaming at them probably isn’t a good idea. From a legal perspective, however, the gesture itself generally is safe, as the U.S. Constitution covers a lot of different kinds of free speech.
