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

Is It Illegal to Flip Off a Cop in Tennessee Here's What the Law Says

No, it is not illegal to flip off a cop in Tennessee. Giving the middle finger to a police officer is considered protected speech under the First Amendment of the U.S. Constitution.

Legal Precedent

The United States Court of Appeals for the Sixth Circuit, which has jurisdiction over Tennessee, has ruled that flipping the middle finger at a police officer is constitutionally protected free speech. This decision stems from a case involving a Michigan woman who sued after being ticketed for giving an officer the middle finger.

First Amendment Protection

Giving the middle finger, while rude and offensive, is a form of expression protected by the First Amendment. Courts have consistently held that such gestures, even when directed at law enforcement, fall under free speech protections.

Potential Consequences

While flipping off a cop is legally protected, it’s important to understand potential real-world consequences:

  1. Increased scrutiny: An officer may use the gesture as a reason to observe you more closely for any actual illegal activity.
  2. Discretionary enforcement: If you’re committing a minor infraction, an officer might be more inclined to issue a citation rather than a warning.
  3. False charges: Some officers might attempt to charge you with disorderly conduct or disturbing the peace, though such charges are unlikely to hold up in court.

Legal Advice

Legal experts generally advise against flipping off police officers, even though it’s constitutionally protected:

  1. It can escalate situations unnecessarily.
  2. It may lead to unwarranted confrontations or detentions.
  3. While you may ultimately prevail in court, the process can be time-consuming and stressful.

Remember, while you have the right to express yourself, it’s often wiser to avoid confrontational gestures with law enforcement. If you believe your rights have been violated, it’s best to consult with a legal professional rather than escalate the situation in the moment.

Sources:

  1. https://www.reddit.com/r/NoStupidQuestions/comments/v6b0yj/can_you_get_chargedarrested_for_flipping_off_a_cop/
  2. https://www.techdirt.com/2021/01/08/eighth-circuit-strips-qualified-immunity-cop-who-pulled-over-driver-flipping-her-off/
  3. https://103gbfrocks.com/legal-middle-finger-tennessee/
  4. https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/
  5. https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police