Flipping off a police officer—using the middle finger as a gesture of protest or insult—has become a frequent flashpoint in debates over free speech and police authority. In Delaware, as in the rest of the United States, the law is clear: giving a police officer the middle finger is protected by the First Amendment and is not, in itself, illegal.
First Amendment Protection
The First Amendment to the U.S. Constitution guarantees the right to free speech, which includes not only spoken and written words but also expressive gestures—even those considered offensive or disrespectful.
Courts at every level, including the Supreme Court, have consistently ruled that flipping off a police officer is a form of protected expression. The government cannot restrict speech simply because it is offensive or annoying, provided it does not incite violence or create a clear and present danger.
Delaware Case Law and Recent Incidents
Delaware has seen high-profile cases that underscore these rights. In 2022, Jonathan Guessford was cited by Delaware State Police for an “improper hand signal” after he flipped off officers conducting a speed trap.
Body camera footage and subsequent court proceedings revealed that the officers knew the citation was not lawful, and the ticket was ultimately dropped. Guessford sued, and the Delaware State Police settled the case for $50,000, acknowledging that his First Amendment rights had been violated.
This incident highlights that while police may sometimes attempt to cite individuals for disorderly conduct or other minor infractions in response to an offensive gesture, such actions generally do not hold up in court.
Practical Considerations
While it is not illegal to flip off a cop in Delaware, individuals should be aware of the realities of police interactions. Officers may still attempt to detain or cite you under other pretexts, such as disorderly conduct or improper hand signals, even if these charges are unlikely to withstand legal scrutiny. Courts have repeatedly sided with individuals in these cases, but the process can still be inconvenient and stressful.
Flipping off a police officer in Delaware is not a crime and is protected by the First Amendment. However, exercising this right may still result in temporary legal hassles or confrontations with law enforcement. Remaining calm and non-confrontational is advisable to avoid escalation, but the law is firmly on the side of free expression in these situations.
Sources
[1] https://mywaynecountynow.com/is-it-illegal-to-flip-off-a-cop-in-delaware-heres-what-the-law-says/
[2] https://abovethelaw.com/2023/09/delaware-state-police-pay-50000-to-man-troopers-ticketed-for-flipping-them-off/
[3] https://reason.com/2023/08/14/cops-invented-a-reason-to-cite-man-who-flipped-them-off/
[4] https://www.youtube.com/watch?v=FAolt2aJAAM
[5] https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/
