The question of whether you can legally flip off a police officer in Oregon cuts to the heart of free speech and the limits of state disorderly conduct and harassment laws. Here’s an in-depth look at what Oregon statutes and court decisions reveal for 2025.
The First Amendment and Free Speech
Flipping off (or “giving the finger to”) a law enforcement officer is widely regarded as a rude gesture, but under the First Amendment, it constitutes a form of free speech. Both the U.S. Supreme Court and lower courts have repeatedly affirmed that offensive or profane gestures toward police are protected expression under the Constitution.
Oregon State Law: Harassment and Disorderly Conduct
Oregon law classifies harassment and disorderly conduct as misdemeanors, but those statutes are generally only triggered when actions go beyond mere offensive gestures:
ORS 166.065 – Harassment:
This law includes “publicly insulting another person by abusive words or gestures in a manner intended and likely to provoke a violent response.” However, the Oregon Supreme Court has ruled this aspect of the law is overbroad and unconstitutional because it criminalizes certain types of protected speech, including gestures like flipping off a cop, unless it rises to the level of “fighting words” likely to provoke immediate violence.
Disorderly Conduct:
Generally covers behavior intended to create a public disturbance, such as making unreasonable noise or physically offensive conditions. Flipping off an officer, by itself, is not enough to be charged under this law unless it is accompanied by other conduct that causes a genuine disturbance or threat.
Key Oregon Case: State v. Johnson (2008)
In a pivotal 2008 decision, the Oregon Supreme Court found that using obscene or insulting gestures (like the middle finger) as a form of protest or criticism of the police cannot be criminalized simply because it may offend or annoy.
The statute covering harassment was struck down as “overbroad on its face and violates Article I, section 8, of the Oregon Constitution.” Thus, flipping off a police officer, without more, is constitutionally protected in Oregon.
Practical Realities: What Could Happen?
While the law is clear, real-world outcomes can be more complicated:
Officers who feel disrespected sometimes still cite people for disorderly conduct or similar offenses, forcing individuals to contest charges in court.
Police may look for other reasons to detain, cite, or arrest such as unrelated violations if they feel provoked—so while the gesture alone is legal, escalation can carry risks.
When You CAN Get in Trouble
If the gesture is accompanied by threatening acts or words that could be seen as inciting violence (i.e., actual “fighting words”), you might be charged.
If you are on private property or in a context where the gesture accompanies other forms of criminal behavior (such as refusing a lawful order, resisting arrest, or disturbing the peace in a serious way), legal consequences can result.
Table: Legality of Flipping Off a Cop in Oregon
Summary: The Law is On Your Side, But Caution is Wise
Flipping off a police officer in Oregon is not illegal and is protected speech. That said, it is rarely a good idea from a practical perspective. Officers may look for other grounds to detain or cite you, and escalation can lead to unintended trouble. Exercising your rights with prudence—and understanding the boundaries of lawful conduct—remains the best approach.
Sources
[1] https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/
[2] https://www.shubinlaw.com/flipping-off-police-officers-constitutional-federal-court-affirms/
[3] https://law.justia.com/cases/oregon/supreme-court/2008/s055085.html
[4] https://oregon.public.law/statutes/ors_166.065
[5] https://www.shannonpowelllaw.com/blog/oregon-harassment-laws-and-penalties-guide
