Flipping someone off—yes, even a police officer—isn’t exactly polite. But in Iowa, is it actually illegal? The answer might surprise you. Under U.S. law and Iowa state law, flipping off a police officer is generally not illegal, because it’s considered a form of free speech protected by the First Amendment.
That said, how and when you do it matters—and it could still land you in trouble if you’re not careful.
Protected by the First Amendment
The First Amendment gives people the right to express themselves—even in ways that might be offensive. Courts have consistently ruled that making rude hand gestures, including “flipping the bird,” is protected free speech.
This includes flipping off:
Another driver
A public official
A police officer
In fact, in several cases across the country, courts have defended people’s right to make this gesture toward law enforcement, as long as it wasn’t accompanied by illegal behavior (like threats, harassment, or violence).
So Why Can It Still Be Risky?
Even though flipping off a cop isn’t illegal on its own, doing it can lead to consequences if you’re not careful. Here’s why:
Disorderly conduct: If your behavior causes a scene or threatens public safety, you could still be charged.
Obstruction of justice: If you’re interfering with an investigation or refusing to follow lawful commands, you could face legal trouble.
Escalation: A gesture might irritate an officer and lead to more scrutiny or questioning—even if no charge sticks.
Iowa’s Disorderly Conduct Law
Under Iowa Code § 723.4, disorderly conduct includes:
Using loud or abusive language near others
Making gestures intended to provoke a violent reaction
Disrupting lawful assemblies or blocking traffic
Flipping off a cop by itself does not meet these standards unless you’re also shouting threats, being aggressive, or disturbing the peace.
Important Legal Cases to Know
Federal courts—including the U.S. Supreme Court—have ruled that offensive gestures alone aren’t enough to justify an arrest.
Key cases include:
Cohen v. California (1971): The Court ruled that offensive speech is protected.
Swartz v. Insogna (2013): A woman was arrested for flipping off a cop; the court ruled her gesture was protected by the First Amendment.
These cases make it clear that free speech protections apply even when the message is rude or unpopular—including gestures like the middle finger.
Tips to Avoid Trouble
Even though the gesture may be legal, here’s what you should keep in mind:
Stay calm: Don’t combine gestures with threats or yelling.
Don’t resist: Never interfere with police work or resist arrest over a misunderstanding.
Know your rights: If you’re questioned or detained, ask if you’re free to leave—and remain polite.
In Iowa, flipping off a cop is not illegal, thanks to your First Amendment rights. However, context is everything. If the gesture is part of behavior that seems threatening, aggressive, or disruptive, it could lead to charges like disorderly conduct.
Expressing frustration is legal—but doing it with caution, and knowing your rights, is always the smarter move.
