Is It Illegal to Flip Off a Cop in New York ? Here’s What the Law Says

The First Amendment protects expressive conduct, including gestures such as giving the middle finger, as long as they do not cross into threats, incitement to violence, or genuine disorderly conduct.

This principle applies even when the gesture is directed specifically at law enforcement officers. Courts—including federal appeals courts—have repeatedly affirmed this right in lawsuits filed when individuals were arrested or ticketed for flipping off police.

Police are not permitted to arrest, stop, or ticket someone solely for making the gesture. Flipping off a cop is neither a criminal act nor a valid cause for search, detainment, or citation just by itself.

In some well-publicized cases, citizens who have been wrongfully arrested for this gesture have successfully sued law enforcement for civil rights violations under federal law.

Disorderly conduct laws: While symbolic gestures are protected, police sometimes claim “disorderly conduct” or similar charges. However, merely making a rude hand gesture, without additional threatening or disruptive behavior, is not usually sufficient for conviction.

Practical risk: While it is legal, antagonizing police officers may increase your risk of a negative encounter or being cited for a minor infraction. This does not make your gesture illegal, but using caution in interactions with law enforcement is always advised.

Flipping off a police officer in New York is legally protected speech.

Police cannot lawfully detain, cite, or arrest you just for this action.

Use your judgment, but know that your right to express frustration or protest toward public officials—including police—is firmly shielded by the First Amendment.