Flip Off a Cop in Georgia: Is It Illegal? One of the crown jewels of the U.S. Constitution is freedom of speech, protected in the First Amendment. Is there an amendment prohibiting flipping off a police officer in Georgia, though?
You might not always get along with the police if you behave this way, but the law is complicated when it comes to this problem. In Georgia, it is illegal to slam a police officer. This illustrates how the law fills into the larger entity of free speech.
The First Amendment and Free Speech
The First Amendment of the U.S. Constitution protects the right to free speech, which includes the right to say things that are offensive or disliked.
The courts have time and again ruled that actions such as giving the middle finger can be considered “symbolic speech.” There is no limitation on this type of speech as long as it does not incite violence, provoke hate speech, or pose a clear and present danger.
There is, the court of appeals for the federal system decided in 2013, a constitutional right to “flip the bird,” that is, giving someone the middle finger.
This ruling was based on the case of Swartz v. Insogna, in which a man in New York yelled at a police officer and was later arrested for disrupting the peace.
As the court stated, arresting a man over his gesture was not a just cause. Symbolic speech is therefore deserving of great protection.
Is Flipping Off a Cop in Georgia Illegal?
Georgia law usually does not outlaw spitting upon a police officer. Symbolic speech is thus protected under the First Amendment as is any other form of speech.
If the action does not turn into a threat, physical harm, or getting in the way of police work, it probably is not enough to be charged with a crime.
Nevertheless, there are a few things to note. If you spitting at the police officer, you might not be charged with anything, but that does not mean the officer cannot find other reasons to detain you or give you a ticket.
You could be charged or arrested for related crimes such as obstruction of justice or disturbing the peace if the officer feels that the gesture forms part of disorderly conduct or worsens a tense situation.
Possible Consequences Beyond the Legal Realm
Being rude to a police officer is not always illegal but has real-life effects. Most of the time, the action is seen as offensive, and it can make an otherwise routine encounter with the police worse.
Even though the officer can not legally arrest you for the gesture alone, it might cause a reaction that results in more questions or issues. In the worst case, the cop might use your behavior as an excuse to arrest or detain you for no reason at all.
Georgia police officers, like police officers around the country, frequently elect how to react to people on their own.
If the officer believes he has ample grounds, then he might issue a ticket for speeding or search the individual, even if the action was initiated by the gesture.
Case Law in Georgia
There is no case law in Georgia specifically talking about flipping off a police officer, but similar findings in the federal courts make it evident that the First Amendment covers this type of activity.
Judges in other states, again and again, have said that making rude or offensive gestures at police is not enough to get you arrested or charged.
In 2019, the U.S. Court of Appeals for the Sixth Circuit reiterated this message by ruling that Cruzan v. Special School District proved that yelling at police is protected speech.
Although this incident did not take place in Georgia, the federal constitutional principle under which it falls does, and that is within the Peach State.
Conclusion
In Georgia, yelling at a police officer might not get you thrown into jail, but it still is a bad thing to do. You are legally safe because of the First Amendment’s freedom of speech.
This security does not mean, however, that you will not face any kind of retaliation, whether legal or otherwise. Also, consider the bigger effects of this kind of behavior, as it can make a normal interaction with the police more serious.
