Flip Off a Cop in Illinois: Is It Illegal? In Illinois, flipping off a cop using your middle finger as an expression of disdain — might be considered offensive, but is it illegal? While it may lead to an unpleasant interaction, the law protects certain types of speech, even if they’re provocative.
Let’s delve into what the law says about free speech and interactions with law enforcement in Illinois.
First Amendment Protections
We have free speech in the U.S. Constitution, and that includes actions like “flipping the bird.” When it comes to the First Amendment, the U.S. Supreme Court has always said that body language, like giving the middle finger, is protected speech.
You have the right to say what you want, even if what you say or do is critical of police officers or other government leaders.
There were also many court cases that spread throughout the United States to establish this security. In fact, the courts argued that offensive gestures such as giving the finger were not illegal conduct unless they became threats, physical assaults, or other crimes.
In fact, the movement is common in protesting behavior and illegal to attempt to halt it without a proper cause.
What Illinois Law Says
Free speech provisions protect “being a scrot, rudeness to a police officer” in Illinois, just as they might in any state. But there are some caveats.
Since much of what Illinois law is trying to do is keep the peace, extending the finger to the police isn’t inherently illegal, but manner makes a difference. Here’s a closer look at some potential legal issues:
Disorderly Conduct: Under Illinois law, you may be charged with disorderly conduct if your act is part of a larger commotion that would cause fear or tend to incite an act of violence.
This arises most clearly when you do something which threatens directly to violently disturb the public peace or makes noise and tends to disturb the public peace. Giving the finger can never meet this standard.
Obstruction of Justice: If the act is merged with acts that obstruct an officer’s job, you may be convicted of obstruction of justice.
Illustrative Example : For instance, if this act is done to avoid arrest or to quash an investigation; this act can shift from being protected speech to disruption.
Give a police officer the finger when you are pulled over for speeding or any other reason, and things may only get worse. The act itself might not have been illegal, but police officers might declare it to be distracting, or they might view it as hostile.
Very rarely, it may lead to more questions and, if the police accuse you of something else, they can look for other legal reasons to hold you.
Case Precedents
There are many cases where people were found not to have followed laws by doing something they were supposed to do.
In the case of Swartz v. Insogna in 2013, a man gave the police officer the middle finger as they were stopping him. The police arrested him for being rowdy, but a court found on his side due to the reasons that the protest was protected by the First Amendment.
Additional courts have also ruled that giving the police officer the middle finger is not good enough to arrest and charge.
But the situation is always important, and just because the law says you can not be prosecuted for the action does not mean it is always a good idea to use it.
Potential Consequences
Being rude to a police officer is protected speech, but this does not mean the individual will not be reprimanded for it. The police officers do not have any appreciation for this gesture and can thus worsen matters between them and the person.
Officers may look harder and find other violations. At their discretion they may cite for small violation as punishment. Since this does not necessarily mean the action itself is illegal, the quiet matter is made worse.
More than that, if you get arrested, you can well prevail in court, but this will take much time and may be very frustrating. It is also better to remain cool and clear-minded when working with the police in order to prevent additional problems.
Conclusion
Due to the First Amendment, giving a cop the middle finger is not technically illegal in Illinois. But remember, it depends on the circumstances.
Persons who make the move and act in a way that causes trouble could be charged with disorderly conduct or obstruction of justice.
Even if the law is on your side, you should still think carefully about what you do when you are dealing with police to avoid making things worse.
