No, it is not illegal to flip off a cop in Massachusetts. This gesture is protected under the First Amendment as a form of free speech. Here’s what the law says:
Constitutional Protection
The Massachusetts Supreme Judicial Court has ruled that giving the middle finger to a police officer is constitutionally protected expression.
In the case of O’Brien v. Borowski, the court cited a U.S. Supreme Court decision stating that “obscene gestures” and profanities directed at police, while crude, represent “an expression of disapproval toward a police officer” that falls “squarely within the protective umbrella of the First Amendment”.
Legal Considerations
While flipping off a cop is not illegal in itself, there are some important points to keep in mind:
- Disorderly Conduct: Giving the middle finger alone does not constitute disorderly conduct in Massachusetts.
- Officer Discretion: Some officers might still attempt to charge individuals with disorderly conduct or other vague offenses, even though such charges are unlikely to hold up in court.
- Potential Consequences: While legally protected, flipping off an officer may lead to increased scrutiny or other undesirable outcomes.
Best Practices
Although it’s not illegal, experts and legal professionals generally advise against flipping off police officers:
- Avoid Escalation: This gesture may unnecessarily escalate tensions in an interaction with law enforcement.
- Exercise Caution: While protected speech, it could potentially lead to unwarranted attention or harassment.
- Know Your Rights: If charged for this gesture alone, consult with a lawyer, as such charges are likely unconstitutional.
In conclusion, while flipping off a cop in Massachusetts is legally protected speech, it’s generally not recommended due to potential practical consequences, even if those consequences aren’t legally justified.
Sources:
- https://wnaw.com/is-it-legal-or-not-to-flip-off-a-cop-here-in-massachusetts/
- https://ground.news/article/is-it-illegal-to-flip-off-a-cop-in-massachusetts-heres-what-the-law-says_c298b2
- https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/
- https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter268/Section34
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