No, it is not illegal to flip off a cop in Michigan. The law protects this gesture as a form of free speech under the First Amendment of the U.S. Constitution.
Legal Precedent
In 2019, the U.S. Court of Appeals for the Sixth Circuit, which has jurisdiction over Michigan, ruled on this issue in the case of Cruise-Gulyas v. Minard. The court held that giving the middle finger to a police officer is protected speech and does not justify a traffic stop or arrest.
Key Points
- Constitutional Protection: Flipping off a police officer is considered a form of expression protected by the First Amendment.
- No Grounds for Seizure: The court stated that “fits of rudeness or lack of gratitude” do not make an action illegal or grounds for seizure.
- Probable Cause: Police officers cannot use this gesture alone as probable cause to initiate a traffic stop or arrest.
- Retaliation Prohibited: It is unlawful for police officers to retaliate against citizens who exercise their First Amendment rights by writing unwarranted tickets.
Cautions
While flipping off a cop is legally protected, it’s important to consider:
- It may escalate tensions unnecessarily during police interactions.
- In some circumstances, such as when bystanders are present, it could potentially lead to charges like disorderly conduct.
- It may negatively impact how you’re treated if facing other charges or seeking leniency.
Conclusion
Although flipping off a police officer in Michigan is constitutionally protected, it’s generally advisable to remain respectful during interactions with law enforcement to avoid potential complications or escalation of conflicts.
Sources:
- https://wrkr.com/illegal-flip-off-drivers-michigan/
- https://www.youtube.com/watch?v=dlgXdk2cHkU
- https://www.youtube.com/watch?v=WtrKSDlP_7g
- https://www.jurist.org/news/2019/03/federal-appeals-court-holds-flipping-off-a-police-officer-is-protected-by-the-first-amendment/
- https://johnhelms.attorney/federal-court-upholds-right-to-flip-off-the-police/
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