Flipping off a police officer in Colorado is not illegal. The act of giving a police officer the middle finger, while certainly rude, is considered protected speech under the First Amendment of the U.S. Constitution and Colorado law. Courts have repeatedly affirmed that expressing disapproval of law enforcement through gestures or profanity is a form of free speech.
Legal Precedents and Protections
- Multiple cases in Colorado have resulted in dismissals or settlements after individuals were arrested or cited for flipping off or swearing at police officers. For example, one man received a $20,000 settlement after being arrested for using profanity at a deputy, and another case involving a man who flipped off a state trooper was dismissed because the gesture was constitutionally protected.
- The ACLU of Colorado and other legal experts confirm that such gestures, while offensive, are not grounds for arrest or prosecution under Colorado law unless they are accompanied by actions that genuinely threaten public safety or incite an immediate breach of the peace.
Disorderly Conduct Considerations
- Colorado’s disorderly conduct statute (C.R.S. 18-9-106) prohibits gestures or utterances that are “coarse and obviously offensive” and that tend to incite an immediate breach of the peace. However, courts have found that flipping off a cop, by itself, does not meet this threshold unless it directly provokes violence or a disturbance.
- Officers sometimes cite individuals for disorderly conduct or harassment in these situations, but such charges are often dismissed in court as unconstitutional.
Practical Advice
- While you have the legal right to flip off a police officer in Colorado, exercising this right can still result in temporary detention, citation, or arrest if the officer claims your gesture caused a disturbance. These charges are likely to be dismissed, but you may still have to go through the legal process.
- Legal experts and defense attorneys advise cooperating with police during interactions and, if you feel your rights have been violated, to file a formal complaint or seek legal counsel rather than escalate the situation with provocative gestures.
Flipping off a cop in Colorado is not illegal and is protected by the First Amendment, but doing so can still draw unwanted attention or even a citation under disorderly conduct laws—though such charges rarely hold up in court. Use your rights wisely and consider the practical consequences of your actions.
Sources
- https://www.colorado-criminal-lawyer-online.com/first-amendment-protects-us-fr/
- https://ground.news/article/is-it-illegal-to-flip-off-a-cop-in-colorado-heres-what-the-law-says_a45c1e
- https://www.aclu-co.org/en/cases/jefferson-county-v-boor
- https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/
- https://www.shouselaw.com/co/defense/laws/disorderly-conduct/
