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

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

Flipping off a police officer in Colorado is generally protected under the First Amendment as free speech, though there are important legal nuances to consider. Here’s a breakdown of the key legal principles and precedents:

First Amendment Protections

  1. Constitutional Right: Courts consistently recognize that rude gestures like flipping off officers are protected speech. The U.S. Supreme Court and federal appeals courts have ruled that such expressions, while offensive, do not inherently justify stops, arrests, or charges.
  2. Colorado Cases:
    • In Jefferson County v. Boor (2011), charges against a man who flipped off a state trooper were dropped after the ACLU intervened, affirming the act’s protected status.
    • Boulder County paid a $20,000 settlement in 2011 after a deputy arrested a driver for swearing during a traffic stop.

Exceptions and Risks

  1. Pretextual Stops: Officers may use unrelated violations (e.g., obscured license plates) to justify stops after a gesture, as seen in a Minnesota case. However, if the sole reason for a stop is the gesture, courts often rule it unconstitutional.
  2. Disorderly Conduct Charges: While Colorado’s disorderly conduct statute (C.R.S. 18-9-106) prohibits language or gestures that incite “immediate breach of peace,” courts have dismissed charges for flipping off officers, as the gesture alone doesn’t meet this threshold.
  3. Retaliation Risks: Officers might escalate encounters, such as switching citations to more severe charges. Physical compliance and avoiding confrontational behavior are advised to prevent additional legal complications.

Key Takeaways

  • Protected but Provocative: Flipping off an officer is legal but may lead to tense interactions or pretextual stops.
  • Legal Recourse: If charged solely for the gesture, courts often dismiss cases on First Amendment grounds.
  • Best Practices:
    • Avoid escalating confrontations.
    • Politely decline to answer questions beyond identification.
    • Consult an attorney if rights appear violated.

In summary, while Colorado law upholds the right to express dissatisfaction with police through gestures like flipping them off, exercising this right carries practical risks. Legal challenges often favor citizens, but discretion is advised to avoid unnecessary conflict.

Sources:

  1. https://www.colorado-criminal-lawyer-online.com/first-amendment-protects-us-fr/
  2. https://firstamendment.mtsu.edu/post/judge-dismisses-free-speech-case-over-middle-finger-gesture-to-police/
  3. https://johnhelms.attorney/federal-court-upholds-right-to-flip-off-the-police/
  4. https://www.mattgreen.lawyer/single-post/2019/03/17/flipping-off-police-contempt-of-cop-or-free-speech
  5. https://www.performance-protocol.com/post/is-it-illegal-to-flip-off-a-cop-examining-the-legal-and-social-implications