Is it illegal to flip off a cop in Vermont? The short answer is no, it is not illegal. Giving the middle finger to a police officer is considered constitutionally protected free speech under the First Amendment.
The Bombard Case
This issue gained significant attention in Vermont due to a recent legal case involving Gregory Bombard. In February 2018, Bombard was pulled over by Vermont State Trooper Jay Riggen, who claimed Bombard had given him the middle finger while driving past. Bombard denied making the gesture, but even if he had, it would not have been illegal.
After being initially released, Bombard did curse at and flip off the officer. This led to his arrest for disorderly conduct. He was jailed for over an hour and faced criminal charges for nearly a year before they were dismissed.
Legal Outcome
Bombard, represented by the ACLU of Vermont and the Foundation for Individual Rights and Expression (FIRE), sued the Vermont State Police for violating his First Amendment rights. The lawsuit argued that:
- The initial traffic stop was unconstitutional
- Cursing at and giving the middle finger to a police officer is protected free speech
- The arrest was retaliatory and violated Bombard’s rights
In June 2024, the case was settled with the state of Vermont agreeing to pay Bombard $175,000 – $100,000 in damages and $75,000 for legal fees.
Constitutional Protections
The First Amendment protects the right to engage in offensive speech directed at government officials, including profanity and gestures like the middle finger. This protection applies even when the speech or gesture is considered rude, insulting, or offensive by the recipient.
Police Training and Policies
During the lawsuit, it was revealed that the Vermont State Police did not have a general First Amendment policy or training for its officers. This lack of training may have contributed to the violation of Bombard’s rights.
Implications for Law Enforcement
The Bombard case highlights several important points for law enforcement:
- Officers cannot legally stop or arrest someone solely for offensive gestures or language directed at them.
- Retaliatory arrests for protected speech violate constitutional rights.
- Police departments need proper training on First Amendment protections.
Public Reaction and Broader Impact
The case received widespread media attention in Vermont and nationwide. It sparked discussions about the limits of police authority and the importance of protecting free speech rights, even when that speech is considered offensive.
While flipping off a police officer may not be advisable or polite, it is a constitutionally protected form of expression in Vermont and throughout the United States. The Bombard case serves as a reminder that law enforcement must respect citizens’ First Amendment rights, even when faced with criticism or offensive gestures.
The settlement in this case may encourage police departments to improve their training on constitutional rights and to exercise more caution in situations involving potentially protected speech. It also reaffirms the principle that the government cannot punish individuals for expressing dissent or criticism towards law enforcement, no matter how rudely it may be conveyed.
Sources:
- https://www.youtube.com/watch?v=WtrKSDlP_7g
- https://www.ctpublic.org/2024-06-26/vermont-pays-175000-to-man-arrested-for-giving-the-middle-finger-to-state-trooper
- https://www.thefire.org/news/lawsuit-vermont-man-sues-after-being-arrested-flipping-police
- https://globalnews.ca/news/10591739/middle-finger-arrest-state-trooper-settlement-vermont/
