Flipping off a police officer in Maine is not illegal and is considered a form of protected speech under the First Amendment. This conclusion is supported by various legal cases and rulings.
Legal Precedents
- First Amendment Protection: A notable case involved Debra Cruise-Gulyas in Michigan, who was pulled over for speeding and later gave a police officer the middle finger as she drove away. The officer stopped her again, which led to a lawsuit. The U.S. Court of Appeals for the Sixth Circuit ruled that her gesture was protected speech, stating that “fits of rudeness” do not constitute grounds for a police stop or seizure.
- Similar Cases: In Vermont, Gregory Bombard was arrested after allegedly flipping off a state trooper. He was later awarded $175,000 in a settlement after it was determined that his arrest was illegal and that expressing disapproval towards police is constitutionally protected.
- Legal Consensus: Experts agree that while flipping off a police officer may be rude and could potentially lead to other charges like disorderly conduct if deemed disruptive, the act itself does not violate any laws. Officers cannot arrest individuals solely for making such gestures.
Conclusion
While it is legal to flip off a cop in Maine due to First Amendment protections, it is advisable to consider the potential consequences of such actions, as they may lead to unnecessary confrontations or additional charges based on other behaviors perceived by law enforcement.
Sources:
- https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
- https://wokq.com/is-it-illegal-to-flip-off-a-police-office-in-new-england/
- https://949whom.com/is-it-illegal-to-flip-off-a-cop-in-maine/
