Flipping off a police officer might seem risky, but is it actually illegal? In Wisconsin, and across much of the United States, this question falls under the topic of free speech.
While it may not be the smartest way to handle a situation, showing the middle finger to a police officer isn’t automatically against the law. Let’s break down what Wisconsin law says and when things could go too far.
Free Speech and the First Amendment
The First Amendment of the U.S. Constitution protects your right to free speech—even if that speech is offensive or disrespectful. Courts have ruled in multiple cases that raising your middle finger, also known as “flipping someone off,” is considered a form of expression.
That means in most situations, flipping off a police officer is protected by the First Amendment, even in Wisconsin. You can’t be arrested just for making a rude gesture unless you go beyond that and break another law.
When It Could Become Illegal
While flipping off a cop by itself is legal, the situation can change if:
You are threatening the officer or acting aggressively. You refuse to follow lawful orders, like providing ID when required. Your actions disturb the peace or cause a scene in a public place. You’re in a situation where obstructing an officer could apply (for example, interfering with a traffic stop or investigation).
In these cases, you might be charged with disorderly conduct or obstruction, but not just because of the hand gesture. It’s the overall behavior and tone that may lead to legal consequences, not the gesture alone.
Wisconsin Law on Disorderly Conduct
Under Wisconsin Statute § 947.01, disorderly conduct includes behavior that is violent, abusive, indecent, profane, boisterous, unreasonably loud, or that tends to cause or provoke a disturbance.
So, if flipping off a cop happens during a heated argument or in a way that causes a public disruption, it could possibly be part of a disorderly conduct charge.
But if you’re simply expressing frustration without causing a scene or threatening anyone, courts have generally ruled that it doesn’t meet the standard for disorderly conduct.
What Courts Have Said
Several court cases around the U.S. have upheld the right to flip off police officers, including:
Cruzan v. Special School District (2002) – Recognized offensive gestures as free speech.
Swartz v. Insogna (2013) – Ruled that flipping off a cop is protected speech and not a reason for a traffic stop.
These decisions support the idea that offending a police officer is not the same as committing a crime, as long as no threats or violence are involved.
Should You Do It?
Legally, yes—it’s protected. But practically, no—it’s not wise. Flipping off a cop may cause tension, invite unwanted attention, or escalate a situation.
Even if you’re within your rights, it can make things harder for you, especially during a traffic stop or investigation. Law enforcement officers have broad discretion during interactions, and staying respectful can avoid unnecessary problems.
Flipping off a cop in Wisconsin is generally not illegal and is protected under the First Amendment as free speech. However, your behavior and the context matter. If your actions cause a public disturbance or interfere with police duties, you could face charges.
The gesture itself isn’t a crime—but how and when you do it can lead to trouble. So, while you may have the right to express yourself, using it wisely is always the better choice.
