Flipping off a police officer—using the middle finger or similar obscene gestures—is a provocative act, but is it actually illegal in Oklahoma? Here’s what you need to know about the law, your rights, and the potential consequences.
The Legal Bottom Line
Not Illegal Under State Law: Flipping off a cop in Oklahoma is generally not illegal. Courts have repeatedly affirmed that this gesture is a form of expression protected by the First Amendment of the U.S. Constitution.
Supreme Court Precedent: The U.S. Supreme Court has ruled that giving the middle finger, even to law enforcement, is protected free speech. This means Oklahoma police cannot lawfully arrest someone solely for this gesture.
Important Exceptions and Local Ordinances
While the act itself is protected, there are important caveats:
Disorderly Conduct or Disturbing the Peace: If the gesture is part of a larger pattern of disruptive or aggressive behavior, or if it provokes a public disturbance, you could be charged with disorderly conduct or disturbing the peace. This is especially true if your actions incite violence or disrupt police duties.
Obscene Gestures in Some Cities: Certain local ordinances (such as in Enid or Marlow, OK) prohibit obscene gestures in public if they are likely to provoke retaliation or cause a breach of the peace, and can result in a fine.
Obscene Language Laws: Oklahoma law prohibits using obscene or lascivious language in public, but this is typically interpreted as spoken words, not gestures.
What Police Might Do
No Arrest for the Gesture Alone: Police cannot arrest you simply for flipping them off. However, being disrespectful could make officers more likely to look for other violations or exercise discretion less favorably in other matters.
Potential for Escalation: If the gesture is combined with threatening language, harassment, or actions that interfere with police work, you could face legal consequences beyond the gesture itself.
Practical Advice
It’s Legal, But Not Advisable: While you have the right to express yourself in this way, it’s generally considered unwise. Such behavior can escalate encounters with law enforcement and may result in other charges if the situation deteriorates.
Remain Calm and Respectful: Exercising your rights is important, but remaining calm and respectful is usually the best way to avoid unnecessary trouble.
Quick Reference Table
| Action | Legal Status in Oklahoma | Possible Consequences |
|---|---|---|
| Flipping off a cop | Protected free speech | No arrest for gesture alone |
| Repeated/obscene gestures | May violate local ordinances | Fine (up to $100 in some cities) |
| Disorderly conduct/harassment | Illegal | Arrest, fines, or other charges |
Flipping off a police officer in Oklahoma is not illegal and is protected by the First Amendment. However, if the gesture is part of a larger disturbance or violates local ordinances, you could face legal consequences. Use your rights wisely and consider the potential outcomes before acting.
Sources
[1] https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
[2] https://www.chickashalawyer.com/okla-law-blog/is-it-legal-to-gesture-disrespectfully-at-police-officers-in-oklahoma/
[3] https://z94.com/oklahoma-flipping-off-police/
[4] https://www.youtube.com/watch?v=rQLFnN3wdys
[5] https://bedlamlaw.com/is-flipping-off-a-cop-illegal/
