Flip Off a Cop in North Carolina: Is It Illegal? Most of the time, giving a police officer the middle finger or other rudeness or offensive action is considered not respectful and rude.
But legally, it is acceptable because it is covered by free speech. Let us explore what the law in North Carolina says about such actions and what happens if you spit on a police officer in the state.
Free Speech and the First Amendment
The United States enjoys freedom of speech as safeguarded by the First Amendment. This protection is not only reserved for verbal communication but also extends to non-verbal communication, such as gestures.
Causing offense constitutes a form of expressive conduct, and the courts have made several decisions across the country holding it to be free speech.
Many states, such as North Carolina, have laws whereby one is allowed to insult a police officer freely without having to face punishment. This is because of the First Amendment.
The act is rude, which would be likely to aggravate or get someone angry, but that does not mean it is illegal. However, there are certain details and cases where the act might land you in trouble with the law.
Legal Precedents
Many court cases have established precedents that indicate it is legal to spit on a police officer.
In Cohen v. California (1971), the court found significant for the reason that it indicated the U.S. Supreme Court said that it was illegal for the government to criminalize the display of derogatory words or symbols because they were likely to offend someone.
Similarly, in Swartz v. Insogna (2013), the U.S. Court of Appeals for the Second Circuit ruled in favor of a man who was arrested for giving the middle finger to a police officer.
The court concluded his action was protected by the First Amendment, and being arrested went against the Constitution.
Although this particular case did not originate in North Carolina, it became a prototype for cases all over the United States.
These decisions demonstrate most of the time flipping off a police officer is legal even though it is rude and dangerous.
Disorderly Conduct and Other Related Charges
Most of the time, ridiculing an officer is protected speech. However, it is on that circumstance that the gesture may lead you to getting arrested under the law.
In North Carolina, just like in other places, police can arrest a person if the gesture turned worse, like disorderly conduct.
Disorderly conduct is a general North Carolina offence that encompasses a host of bad behavior, such as causing a public disturbance or using abusive or offensive language in certain places.
Spitting on a police officer in addition to aggressive gestures, loud yelling, or a noise-making act of conduct could give rise to a charge of disorderly conduct by an officer.
If someone spits in the face of a police officer during a fight and then continues to yell obscenities in such a way as to attract attention or disturb the peace, that person may be arrested for disorderly conduct, perhaps they did not have enough to commit a crime, but what they did would certainly merit arrest now.
Resisting, Delaying, or Obstructing an Officer
Resisting, delaying, or blocking an officer (RDO), which is a misdemeanour in North Carolina, is another charge that could be made. It is against the law to get in the way of an officer’s work or an investigation.
Most likely, yelling at a cop without doing anything else wouldn’t be RDO. However, if the gesture becomes interference perhaps by failing to comply with valid police orders, or by impeding a police investigation, then there are also legal consequences.
Retaliation and Actual Effects
It is usually fine to irritate a police officer, but think through what might happen if you do it. Police officers may view the action as rude or as a show of disrespect to their power.
People may not be arrested simply for the gesture, but it may get more questions, searches, or tickets for crimes that have nothing to do with the gesture.
You have a right to say what you want, but get into a fight with the police at your own risk. Because you have every legally protected right does not mean that things will not get worse for you.
The police have much discretion whether to arrest you or give you a ticket, so giving them a reason to concentrate on you may not be best for you.
Conclusion
In North Carolina, yelling at a police officer is probably considered free speech under the First Amendment. In the past, it has been established that offending conduct alone does not constitute an illegal act, although this kind of behavior could be described as impolite and distressing.
But the issue is a big deal. If it’s within the context of some sort of acting out or acting rudely, it could bring on charges for disorderly conduct or resisting an officer.
