Flip Off a Cop in Louisiana: Is It Illegal? The middle finger, used to “flip” someone off, is a provocative gesture often invoked in anger or hostility.
What happens when this gesture is directed at police? This is one case about the interplay of free speech and good manners in public in Louisiana, as is almost everywhere else.
Freedom of Speech and the First Amendment
The U.S. Constitution First Amendment defines free speech, which incorporates some forms of body language.
The courts have iterated many times that actions such as giving the finger are expressive and within the liberties of free speech. Some landmark cases have demonstrated that flipping off someone is not always a crime, despite the offensive nature of the act.
But an example would be that the U.S. Court of Appeals for the Eighth Circuit wrote in Cruzan v. Special School District No. 1 (1992) to say flipping someone off is a form of protected speech.
Another case that was different is Swartz v. Insogna (2013) when the Second Circuit Court of Appeals said that no one could be arrested for disorderly conduct because of that gesture towards a police officer.
These decisions make it clear that yelling at a police officer is not a reason to be arrested or punished by the law, unless there are other circumstances.
Louisiana’s Laws on Disorderly Conduct and Obstruction
Laws in Louisiana against disorderly conduct make it illegal to do things that upset the peace or encourage violence.
Similarly, obstruction-of-justice laws focus on activities that interfere with the ability of police to perform their duties. However, these laws do not criminalize rude acts per se, such as flipping off someone.
In order for a police officer to arrest someone for giving them the finger, the person would have to do additional things that make the situation worse, like threatening, getting in the way of an investigation, or making a public disturbance.
Even though giving someone the middle finger is incredibly rude, it does not meet these requirements.
When It Could Lead to Trouble
Even though yelling at a police officer is generally safe, there are some instances where it might still be problematic for you:
The situation could get worse since the police may perceive the gesture as an effort to bother or divert their attention. If this is the case, then they might charge the person with disorderly conduct or obstruction of justice.
Actions taken in response: This is not as it should be, but an officer can arrest or cite for very nebulous reasons, such as “disturbing the peace.” These actions may well not stand up in court, but they are immediately irritating.
Community Standards: Because of the cultural conservative values of the state, this gesture could also anger some people more than in other states for a confrontation.
Conclusion
It is generally legal to spit on a police officer in Louisiana due to the First Amendment. The situation, though, is important.
The law may protect your right to do it, but it’s not always the best thing to do. These kinds of actions can make situations worse, which adds extra problems that are not needed.
Free speech is a very important right, but in such a scenario, it should not be made a tool for nonsense talks. There are ways for getting back one’s rights after an encounter rather than gesticulating rudely.
One can talk with his lawyer, or file a complaint. When you are fighting for your rights, one must consider the bigger picture.
