Vaping and Driving in Michigan: Is It Legal? This is a very popular question in Michigan, as with most states: is it illegal to “flip off” or give a police officer “the finger”?
There is a difference between free speech and disorderly conduct, which is what many people believe this act will get them arrested or fined for.
Freedom of Speech and the First Amendment
This problem lies at the heart of the First Amendment, which guards the right to free speech. A few court cases have held yelling at a police officer to be a form of speech-even though it would be considered rude.
Most forms of speech, which include this action, are protected by the First Amendment as long as they do not directly call for violence or put people in danger.
In fact, the U.S. Supreme Court has said many times that speech is usually protected, even if it is rude or offensive.
One important case from 1971, Cohen v. California, said that wearing a jacket that said “F*** the Draft” was a form of free speech.
Thus, people using unfavorable words or making unfavorable gestures are not, by virtue of causing annoyance to anyone, including even the police, automatically violating the law.
Michigan Case Law on Flipping Off a Cop
There are no Michigan-specific cases that have reached the Supreme Court on this issue, but other state and federal court decisions demonstrate that yelling at a police officer isn’t enough to land you behind bars.
The 2013 case of Cruise-Gulyas v. Minard involved a woman from Michigan who got into a fight in court after yelling at a police officer who stopped her on the side of the road.
At first, the policeman issued a minor ticket to the driver, but when she made her move, he stopped her again and issued her a major ticket. The court ruled in favor of the driver that police officer had breached her civil rights.
Flipping off a police officer generally is protected speech in Michigan, although it is considered rude. This case demonstrates that. Alone, this sort of hand gesture is not a legal justification for police to stop, ticket, or jail an individual.
When Can Flipping Off a Cop Cause Legal Trouble?
Free speech protects the act of insulting a police officer, but the situation is important. If the gesture is part of larger behavior that could be viewed as disorderly, impeding the court system, or threatening, the person could get into trouble with the law. For instance:
Disorderly Conduct: Yelling at a police officer might be disorderly conduct if it’s part of a larger, more disruptive action, such as stopping traffic or inflaming a crowd.
Obstruction of Justice: If the action interferes with a police officer’s ability to perform his duties or seems aimed at interfering with an investigation or a lawful stop.
Threats: If the signer also acts or speaks in a dangerous manner that a police officer believes puts his safety in danger, he could be found guilty of even more serious crimes – like assault.
Police Discretion and Public Perception
It is a crime, but don’t forget that police have a choice on how they decide to act in some situations. Even if it’s not a crime, yelling at the police may land you in jail.
The cop may decide to take a closer look at your actions, which means you could receive a ticket or be arrested for something else, like speeding or having a cancelled registration.
This does not necessarily mean that police will have a fight with you, but it is always good to know that acting rude can give cause for things to worsen when they do not have to.
Also, yelling at a police person could make a change about how people view you. Even when the law says you are right, bystanders or spectators might not feel sorry for you.
Of course, sometimes the law will protect you, but it may also change how people – including police officers – may see or treat you.
What You Should Do
Keep calm and follow these steps if you believe a police officer has violated your rights, even if you did nothing wrong, such as flipping the middle finger.
Do not resist: Resist or fight can make it even worse even if you are in the right.
Record what occurs: If possible, write down the officer’s name, tag number, and what occurred in your mind or on a piece of paper
Consult an attorney: If you are arrested or issued a citation, speak to a civil rights or criminal defense attorney
Conclusion
Most of the time in Michigan, speech would be allowed under the First Amendment if one were rude to a police officer. It’s not clear this act alone would result in one’s arrest, but again, bigger picture circumstances may play into how things go from here.
