Georgia, like the rest of the United States, is governed by the protections of the First Amendment—which guarantees the right to free speech, including expressive gestures, even if they are rude or provocative. So, is flashing the middle finger at a law enforcement officer a crime in Georgia? Here’s what the law and the courts say.
The First Amendment & Expressive Gestures
Flipping off a police officer, while certainly disrespectful, is considered a form of expressive conduct protected by the First Amendment. Both the U.S. Supreme Court and lower courts have recognized that gestures like “giving the bird”—no matter how offensive—are generally a constitutionally protected way of expressing frustration or protest, provided they do not cross certain legal lines.
Georgia Law: Disorderly Conduct Statute
The relevant law is Georgia Code § 16-11-39, which covers “disorderly conduct.” Under this statute, a person commits disorderly conduct if they:
Act in a violent or tumultuous manner toward another, causing fear for their safety;
Use “fighting words” or abusive language likely to provoke a violent response or immediate breach of the peace;
Make obscene or profane gestures in public, especially in a manner that disrupts peace or targets minors.
A key factor is intent and context. Making an obscene gesture alone—such as flipping off a cop—does not typically meet the threshold for disorderly conduct unless it is accompanied by threatening behavior, incitement, or is directed towards someone in a situation likely to provoke violence.
What the Georgia Supreme Court Has Ruled
Notably, the Georgia Supreme Court has ruled that raising a middle finger—“flipping the bird”—at another person, including a police officer, is not inherently disorderly conduct. The court held that such a gesture by itself is constitutionally protected speech unless it is done in a “tumultuous” or violent manner, or in a context where it would reasonably place someone in fear for their safety.
“A person of common intelligence can ascertain from the word ‘tumultuous’ that he or she may be found guilty of disorderly conduct…when that person acts in a disorderly, turbulent, or uproarious manner towards another person, which places the other person in reasonable fear for his or her safety.”
Can You Be Arrested for It?
Flipping off a cop is not, by itself, a legitimate reason for arrest or for an officer to pull you over.
However, if it is combined with other aggressive acts, threats, or is deemed to provoke a violent response or disturbance of the peace, you could be cited for disorderly conduct.
Law enforcement may still detain or cite you if they interpret your actions as threatening, but such arrests are open to challenge in court and may violate your constitutional rights.
What About Local Ordinances?
Georgia municipalities and counties can adopt specific ordinances that define or penalize disorderly conduct more narrowly or strictly. It’s possible for some local areas to be more aggressive in enforcing these laws, though they cannot override constitutional protections.
Possible Penalties
If you are ultimately convicted of disorderly conduct (something more than just flipping off an officer), it is a misdemeanor in Georgia, punishable by:
Common Sense Advice
While it’s not illegal, flipping off a cop is likely to escalate a situation and may provoke scrutiny, attention, or even retaliation (lawful or otherwise)—all of which can make your life more difficult, even if it doesn’t ultimately result in conviction.
If cited or arrested, contact a criminal defense attorney familiar with Georgia’s disorderly conduct laws.
Flipping off a police officer in Georgia is not, in itself, illegal and is protected by the First Amendment. However, if your gesture is accompanied by threats or creates a genuine disturbance, you could be charged with disorderly conduct. As always, while you may have the right, it’s wise to consider whether exercising it is actually to your benefit.
Sources
[1] https://www.shubinlaw.com/flipping-off-police-officers-constitutional-federal-court-affirms/
[2] https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/
[3] https://www.lexipol.com/resources/blog/flying-the-finger-leads-to-a-traffic-stop-then-a-lawsuit/
[4] https://josephwilliamslaw.com/criminal-defense/disorderly-conduct/
[5] https://www.theshermanlawyers.com/blog/2025/january/disorderly-conduct-in-georgia-o-c-g-a-16-11-39/
