Flipping off a police officer in Utah is not illegal and is generally protected by the First Amendment, which guarantees freedom of speech, including offensive gestures. While giving a cop the middle finger may be rude or provocative, the law protects this as a form of free expression.
Legal Protections for Free Speech
Multiple court rulings in Utah and across the U.S. have confirmed that using the middle finger as a gesture—even directed at police officers—is protected speech under the Constitution. A notable case involved Seth Dame, who was cited for disorderly conduct after flipping off an officer. The citation was dropped, and the city settled after it was determined that this gesture did not justify detention or citation.
Limits and Practical Considerations
While legally protected, flipping off a cop carries practical risks. Officers may react adversely, and although the gesture alone cannot lawfully justify an arrest or traffic stop, it can escalate tensions. Legal experts caution that maintaining composure during police interactions is generally safer and more advisable.
Disorderly Conduct Exception?
Utah law prohibits disorderly conduct, but courts have held that rude gestures alone usually do not meet the criteria for disorderly conduct unless accompanied by threatening or violent behavior. The mere act of flipping off an officer typically does not constitute a criminal offense on its own.
Settlement and Training Reforms
The Orem City settlement underscored the importance of educating police officers on constitutional rights, including recognizing that offensive gestures are a form of protected speech. Following the settlement, officers receive annual training on free speech protections to avoid unlawful stops or citations related to such gestures.
When Gesture Could Lead to Problems
If the offensive gesture is part of a broader pattern of harassment, threats, or obstruction, different legal consequences may apply. However, simple use of the middle finger, even toward police, is not enough to criminalize someone or justify a stop, detention, or arrest.
Summary
Flipping off a cop in Utah is protected under the First Amendment.
Courts have ruled that rude gestures are constitutionally protected speech.
Disorderly conduct charges require more than just a gesture.
Practical risks exist, so caution and respect during police encounters are advised.
Police in Utah receive training on respecting free speech rights.
In Utah, flipping off a police officer is legally protected free speech and not a crime. While it is a provocative gesture, the law clearly shields this form of expression. However, it’s wise to handle police encounters respectfully to avoid unnecessary escalation despite the legal protections in place.
Sources
(https://www.acluutah.org/press-releases/aclu-utah-settles-claim-man-stopped-and-cited-flipping-bird-orem-police-officer/)
(https://archive.sltrib.com/article.php?id=55293260&itype=CMSID)
(https://le.utah.gov/xcode/Title76/Chapter8/76-8-S512.html)
(https://kezj.com/is-it-against-the-law-to-flip-the-bird-to-a-cop-in-idaho-wa-or-utah/)
(https://www.fox13now.com/2012/11/15/orem-settles-lawsuit-over-middle-finger-free-speech)
