Flipping off a police officer—showing the “middle finger”—is a divisive act in America, but what does Nebraska law say about it in 2025? Many Nebraskans wonder if making an obscene hand gesture at law enforcement could land them behind bars. Here’s a thorough, legally grounded look at the issue.
The First Amendment and Free Speech
The cornerstone of this discussion is the First Amendment, which protects freedom of speech, including gestures that may be deemed rude or offensive. Federal and state courts across the U.S., including in the Midwest, have made it clear: giving the middle finger to a police officer is generally protected as a form of free expression.
Over the years, U.S. courts—including the Sixth Circuit Court of Appeals and others—have ruled that the “one-finger salute,” without more, is not a legal basis for arrest or for escalating law enforcement action. In other words, flipping off a cop, by itself, does not violate the law and should not result in your arrest.
Nebraska Law: Obscenity and Disorderly Conduct
Nebraska criminal law prohibits certain types of obscene gestures and language, primarily where they are directed at minors or where they provoke a disturbance or threaten public safety. For example, Kearney, Nebraska’s municipal code specifically makes it unlawful to make “an obscene gesture” in public—but enforcement generally depends on the context and whether the gesture provokes a disturbance.
However, courts have distinguished between gestures that are merely offensive and those that actually incite violence or disrupt public order. Unless your gesture is accompanied by threats, fighting words, or other conduct that amounts to disorderly conduct or incitement, flipping off a police officer remains protected under both Nebraska and U.S. law.
What Can Actually Happen?
Not Illegal by Itself: If you only flip off a police officer—without threatening remarks, physical aggression, or inciting a crowd—there is no Nebraska law that directly criminalizes this act.
Risk of an Arrest Anyway: In practice, some people have been arrested for disorderly conduct after flipping off police. However, those charges rarely hold up in court when the gesture is not accompanied by serious disruptive behavior.
Consequences and Realities: While the law is on your side, courts and legal experts agree this conduct may escalate tensions and officers might find another reason to ticket or detain you. It’s also possible, in some situations, that the act is interpreted as breaching the peace—particularly if it sparks or contributes to a public disturbance.
Historical Cases
Legal commentary and several real-world examples demonstrate that courts side with free speech protections over criminalizing rude gestures. In cases where individuals were arrested in Nebraska and other states under “disorderly conduct” or similar statutes, courts frequently overturned the charges or found in favor of the defendant citing the First Amendment.
It is NOT inherently illegal to flip off a cop in Nebraska. The First Amendment protects your right to make even offensive gestures, so long as they are not accompanied by threats or actions that create a real disturbance or violate other laws. However, the social and practical wisdom of antagonizing police officers is another matter entirely—while you can’t be arrested solely for the rude gesture, the situation could escalate in undesirable ways.
Sources
[1] https://www.shubinlaw.com/flipping-off-police-officers-constitutional-federal-court-affirms/
[2] https://www.performance-protocol.com/post/is-it-illegal-to-flip-off-a-cop-examining-the-legal-and-social-implications
[3] https://www.linkedin.com/posts/laurel-beatty-blunt_laurellaysdownthelaw-firstamendment-freespeech-activity-7309967235123466241-LxOn
[4] https://www.marcushillattorney.com/links/flipping-off-the-cops.shtml
[5] https://www.lexipol.com/resources/blog/flying-the-finger-leads-to-a-traffic-stop-then-a-lawsuit/
