Flipping off (making a rude hand gesture toward) a police officer in Washington state can be shocking or disrespectful, but it is NOT automatically illegal. Here’s what the law says as of 2025:
Free Speech Under the First Amendment
U.S. courts, including federal appeals courts, have repeatedly held that giving the middle finger—no matter how rude—is a form of expression protected by the First Amendment. This protection extends to gestures made toward police officers, provided the gesture by itself does not include any threats or additional criminal conduct.
Circuit Judge Jeffrey Sutton famously wrote, “Fits of rudeness or lack of gratitude may violate the Golden Rule… But that doesn’t make them illegal or for that matter punishable or for that matter grounds for a seizure.” In practical terms, this means you cannot be legally arrested or ticketed simply for flipping off a cop in Washington—the gesture alone does not violate any law and is constitutionally protected.
Disorderly Conduct and Context
However, while the act alone is not a crime, context matters:
Not Grounds for Disorderly Conduct Alone: Washington’s disorderly conduct statutes—which make it unlawful to use abusive language with intent to start a fight, or to intentionally create a risk of assault—do not generally cover the single act of flipping someone off. Unless you combine the gesture with other troubling behaviors (yelling threats, trying to provoke a fight, or causing a public disturbance), it’s not enough for police to arrest you for disorderly conduct.
Threats Change the Situation: If your gesture is paired with threatening language or aggressive actions, or you attempt to physically confront the officer, you could be arrested for harassment, disorderly conduct, or similar charges. Washington law defines harassment as threats of physical harm or actions that reasonably put someone in fear of such.
Practical Advice and Social Implications
Just because it’s legal doesn’t mean it’s wise. Officers may take offense and scrutinize other aspects of your behavior or vehicle for potential violations. While arrests for flipping off a cop alone don’t hold up in court, confrontational encounters can escalate fast.
Special Circumstances
Military and Schools: Special codes may govern speech and gestures in schools or among military personnel, but for ordinary civilian interactions, the rule above applies.
Public Spaces: Time, place, and manner restrictions may apply in rare, highly regulated public spaces, but the gesture itself is not criminal.
In Summary
Flipping off a cop in Washington is protected by the First Amendment and not itself a crime.
You cannot be arrested or cited just for this act—unless it’s part of a broader pattern of harassment, threat, or public disturbance.
Be aware: While legal, it might inflame a situation or invite further attention from law enforcement.
If you face legal consequences for simply making a rude gesture to police, courts have consistently ruled in favor of your constitutional rights.
Sources
[1] https://research.jgu.edu.in/?vid=FAolt2aJAAM&fastly=520
[2] https://www.yahoo.com/news/trouble-giving-middle-finger-washington-183658111.html
[3] https://www.performance-protocol.com/post/is-it-illegal-to-flip-off-a-cop-examining-the-legal-and-social-implications
[4] https://www.talksonlaw.com/briefs/can-you-be-arrested-for-giving-the-finger-to-police
[5] https://www.findlaw.com/state/washington-law/disorderly-conduct-laws-in-washington.html
