No, it is not illegal to flip off a cop in Delaware. Courts have consistently ruled that giving the middle finger to police officers is protected speech under the First Amendment of the U.S. Constitution.
Legal Precedents
Multiple court decisions have affirmed the right to make rude gestures at law enforcement:
- The U.S. Second Circuit Court of Appeals has stated that flipping off police does not warrant a traffic stop.
- Federal and state courts have dropped charges against individuals arrested for giving the middle finger to cops.
- Those wrongfully arrested or charged for the gesture have won civil settlements against police departments.
Recent Delaware Case
A 2022 incident in Delaware further illustrates that flipping off police is constitutionally protected:
- Jonathan Guessford, a 54-year-old Delaware resident, was cited by state troopers after he gave them the middle finger while driving away from an encounter.
- Body camera footage revealed the officers knew the citation was unlawful but decided to punish Guessford anyway.
- One officer was recorded saying: “We can’t pull people over, we can’t write them tickets for telling us to fuck off or giving us the middle finger, stuff like that. You know, that is their right to do so.”
- The citation against Guessford was later dropped.
- Guessford filed a lawsuit alleging violation of his First Amendment rights.
- In 2023, Delaware State Police agreed to a $50,000 settlement to resolve the federal lawsuit.
Legal Rationale
The courts’ reasoning for protecting this form of expression includes:
- The gesture is considered a form of speech protected by the First Amendment.
- Offensive or vulgar speech directed at police officers is still protected speech.
- Disorderly conduct laws, while broadly written, cannot be used to criminalize constitutionally protected expression.
Caution and Consequences
While flipping off police is legally protected, it’s important to note:
- Some officers may still attempt to cite or arrest individuals for the gesture, even if such actions are later deemed unconstitutional.
- Individuals may face temporary inconvenience or legal battles to assert their rights.
- Police might use other pretexts to justify stops or citations in retaliation.
In Delaware, as in the rest of the United States, giving the middle finger to a police officer is a constitutionally protected form of expression.
However, while it’s not illegal, it may lead to confrontations or temporary legal issues that could be avoided. The recent $50,000 settlement in Delaware underscores that law enforcement agencies can face significant consequences for violating this constitutional right.
Sources:
- https://www.youtube.com/watch?v=FAolt2aJAAM
- https://www.findlaw.com/legalblogs/criminal-defense/can-you-get-arrested-for-giving-the-middle-finger-to-a-cop/
- https://reason.com/2023/08/14/cops-invented-a-reason-to-cite-man-who-flipped-them-off/
- https://timesofindia.indiatimes.com/world/us/delaware-man-who-police-blocked-from-warning-of-speed-trap-wins-50k-judgment/articleshow/103294191.cms
