The gesture of raising your middle finger—commonly referred to as “flipping the bird” or “flipping someone off”—is widely recognized as a form of insulting expression. But is it illegal in Utah, especially when aimed at law enforcement? This question raises important issues regarding free speech, disorderly conduct, and police authority.
First Amendment Protections for Rude Speech
Under the U.S. Constitution’s First Amendment, speech that is rude, offensive, or directed at police is generally protected. Courts have long held that non‑violent criticism of law enforcement, even when it includes profanity or obscene gestures, is constitutionally guarded.
- In Thurairajah v. City of Fort Smith (8th Cir., 2019), the court stated: “Criticism of law enforcement officers, even with profanity, is protected speech.”
- In Duran v. City of Douglas (9th Cir., 1990), the court ruled that giving an officer the middle finger is protected speech.
These rulings affirm that flipping off an officer, by itself, is expressive conduct safeguarded by the First Amendment.
Utah-Specific Legal Framework
3.1 Disorderly Conduct Statute
Utah had previously included “obscene gestures” under disorderly conduct (Utah Code § 76‑9‑102), but in 1999, the legislature removed that wording following a Supreme Court decision protecting expressive gestures. Today the statute no longer penalizes obscene language or gestures—unless accompanied by other misconduct.
“Contempt of Cop” Doctrine
Although legally invalid, “contempt of cop” describes situations where an officer arrests someone for perceived disrespect, often using charges like disorderly conduct or obstruction. While such arrests may occur, courts generally reject them if they encroach upon constitutional speech protections.
Real-Life Legal Precedents in Utah
In 2010, a man in Orem, Utah, flipped off a police officer and was cited for disorderly conduct. The ACLU intervened, and the city later settled—paying $2,500 in damages and attorney fees, and agreeing that the arrest was improper. The city also implemented ongoing First Amendment training for police officers. This case highlights that punitive action solely for flipping off a cop is likely unconstitutional.
Federal Case Law Supports Free Expression
Beyond Utah, federal courts have consistently upheld the right to flip off police:
- A case documented by Lexipol described a jury ruling that a middle-finger gesture is “rude and offensive” but “constitutionally protected speech”.
- In Oklahoma, a federal judge affirmed that although insulting a cop is a poor decision, “that’s not a crime”.
These precedents reinforce that flipping off police is legal under the First Amendment.
Exceptions & Limitations
Despite strong protections, some boundaries exist:
- Fighting words: The Supreme Court’s decision in Chaplinsky v. New Hampshire (1942) allows punishment for speech that is personally provocative and likely to incite immediate violence. However, courts interpret this narrowly; most insults, including non‑violent gestures or profanity, do not qualify.
- Disorderly conduct: If a gesture is part of violent, threatening, or obstructive behavior, it may be charged—and courts will closely scrutinize whether the speech was merely offensive or truly disruptive.
Practical Risks & Advice
Police Discretion
Even if legally protected, officers might cite someone for contempt, disorderly conduct, or obstruction based on their perception of disrespect—especially when officers misinterpret protected speech as a breach of peace . These situations often rely more on officer interpretation than law.
Avoid Escalation
Attorneys in Utah advise: while you may legally insult an officer, it’s rare to be arrested just for flipping the bird. However, such behavior can escalate an encounter, making compliance with lawful officers’ directives prudent—even while asserting your rights .
What Happens If You’re Arrested?
If you’re arrested for flipping off an officer:
- Challenge the charge in court: You can argue it violates the First Amendment.
- File a civil lawsuit: Like the Orem case, you may recover damages if the arrest was retaliatory or baseless.
- Qualified immunity: Under Pearson v. Callahan, courts assess whether the law was “clearly established” at the time. Given that multiple courts have recognized the gesture as protected, it’s likely “clearly established” that punishing such expression is unconstitutional.
The Bottom Line for Utahns
- Straight answer: No, flipping off a cop in Utah is not illegal in itself.
- Why: Your gesture is constitutionally protected non‑verbal expression—unless it becomes violent, threatening, or part of other unlawful conduct.
- Risks: Although not a crime, the gesture may aggravate the encounter. Complying with lawful orders and later asserting your rights is wiser than engaging in confrontation.
Conclusion
Utah’s removal of obscenity from its disorderly conduct law, combined with strong First Amendment jurisprudence, confirms that flipping off a police officer is legally permissible in Utah. Nonetheless, doing so may provoke a negative response or lead to confrontations, though courts generally rule these arrests unconstitutional.
If you believe you’ve been arrested or detained unlawfully for expressing yourself, you have legal recourse—including suppression of charges and possible compensation under civil rights laws. Ultimately, flipping the bird may be a protected gesture—but prudence in the moment is often the best strategy.