In Indiana, giving a police officer “the middle finger” is considered protected speech under the First Amendment, as long as it doesn’t cross the line into disorderly or threatening behavior. Several court decisions, including ones in Indiana, affirm that this type of non‑verbal insult is constitutionally shielded.
What the Law Says
Provocation Statute
Indiana law defines provocation (a Class C infraction) as knowingly engaging in behavior likely to provoke a reasonable person to commit battery. Interestingly, this statute was used in 2018 to cite an Indiana driver simply for flipping off a state trooper. But that charge couldn’t stand when examined more closely.
Disorderly Conduct & Fighting Words
Other potential charges could include disorderly conduct or fighting words—a category reserved for utterances intended to incite immediate violence. However, courts have found that mere vulgar gestures (without threats or imminent violence) don’t qualify.
Landmark Indiana Case: Mark May v. State Trooper
In 2018, Indiana carpet cleaner Mark May was cited $500 under the provocation statute after giving Master Trooper Ames the middle finger during a traffic interaction. He fought the ticket:
- Trial court: upheld the citation.
- Vigo County Superior Court: overturned the conviction, finding that flipping off the officer was constitutionally protected and didn’t merit punishment.
- The case was then withdrawn by the prosecutor.
The American Civil Liberties Union (ACLU) of Indiana backed his lawsuit, emphasizing First and Fourth Amendment violations: the gesture was protected free speech and the resulting traffic stop lacked probable cause.
Broader Court Precedents: Gesture as Speech
Across the U.S., courts consistently recognize that insulting gestures—like the middle finger—can be constitutionally protected:
- Sandul v. Larion (6th Cir.), Duran v. City of Douglas (9th Cir.), and others affirm that non-threatening gestures at police don’t justify arrest.
- City of Houston v. Hill (1987) (U.S. Supreme Court) confirmed citizens can verbally oppose police actions without risking lawful arrest.
- A federal case out of New York solidified that court-sanctioned arrests for such gestures violate civil liberties .
Limits of Free Expression
While giving the finger is protected, some key exceptions apply:
- Fighting words: speech intended to provoke immediate violence isn’t protected—though courts apply this narrowly.
- Incitement, threats, obscenity with context: content intending to influence illegal acts or threaten physical harm may fall outside constitutional safeguards.
- Situational factors: context matters. A middle finger given while obeying orders vs. while disrupting an arrest could be treated differently.
What Happens If You Do It?
Even though legally protected, flipping off a cop could provoke consequences:
- Police reaction: Some officers may escalate—pulling you over for “disorderly conduct” or searching for other legal reasons.
- Practical risks: You may face harassment, longer detention, or harsher treatment, even if no formal arrest occurs.
- Legal recourse: If unlawfully stopped, arrested, or searched due to the gesture, you may have grounds for:
- Challenging the stop (lack of probable cause)
- Suing under 42 U.S.C. § 1983 for civil rights violations (qualified immunity often shields officers but isn’t absolute).
Why the Law Protects Disrespectful Speech
The Founding Fathers—and courts since—recognized that protecting unpopular or offensive speech is central to safeguarding broader freedoms:
- In Cohen v. California (1971), the Supreme Court ruled that “fuck the draft” on a jacket was protected expression.
- Courts have repeatedly preserved gestures like flag burning, armbands, and sign-flipping as symbols of dissent.
Justice Benjamin Cardozo famously said, “Freedom of expression is the matrix … of nearly every other form of freedom”.
Advice: If You’re Tempted to Flip Off a Cop…
- Know your rights: Indiana courts and U.S. federal law protect non-violent gestures.
- Keep it peaceful: Don’t add threats or aggressive physical action.
- De-escalate when possible: Stay calm, avoid confrontation—arguing rarely helps.
- Record the interaction: If the officer retaliates, documentation offers crucial evidence.
- Legal intervention: Facing citations or arrest? Consult a criminal defense or civil rights attorney. The Mark May case demonstrates successful legal pushback (suhrelawindianapolis.com).
Bottom Line
- Flipping off a cop in Indiana is not illegal per se: it’s a protected expression of frustration.
- Legal fallout can still occur, especially if police claim disorderly conduct or improper behavior.
- Court rulings—both Indiana and federal—strongly support your right to express insulting gestures when not inciting violence.
- Still, remain cautious: law enforcement discretion and practical risks may outweigh the momentary satisfaction.
Final Thoughts
Yes, you can legally flip off a cop in Indiana—but weigh your sense of justice against practical consequences. Know your rights, keep cool, and if penalized unjustly, challenge it with strong legal support. After all, protecting the right to offend is part of guarding free expression itself.