Is It Illegal to Flip Off a Cop in Nebraska? Here’s What the Law Says

In Nebraska, flipping off a police officer is not illegal per se, as it falls under the protection of free speech. However, there are nuances to consider regarding the context in which such gestures are made.

Legal Context

1. Protected Speech: The act of making an obscene gesture, such as flipping someone off, is generally considered protected speech under the First Amendment of the U.S. Constitution. Courts have upheld that rude or disrespectful gestures do not constitute a criminal act simply by their nature. For instance, a Michigan court ruled that “fits of rudeness or lack of gratitude may violate the Golden Rule. But that doesn’t make them illegal”.
2. Potential Consequences: While flipping off a cop is not illegal, doing so in a manner that could be perceived as disorderly conduct may lead to legal repercussions. If the gesture occurs in front of other people and is seen as inciting a disturbance, it could potentially provide grounds for police action under laws related to disorderly conduct or breach of peace.
3. Arrest and Charges: Police officers have broad discretion and can arrest individuals for various reasons, even if those reasons may not hold up in court later. This means that while you might not be charged with a crime for flipping off an officer, you could still face arrest if the officer believes your actions are disruptive or threatening.

Conclusion

In summary, while it is not illegal to flip off a police officer in Nebraska, doing so could lead to complications depending on the circumstances surrounding the gesture.

Engaging in such behavior could provoke a reaction from law enforcement that might result in an arrest, even if charges are unlikely to stick in court.

Therefore, while exercising your right to free speech, it’s wise to consider the potential consequences of your actions.