In New Hampshire, flipping off a police officer is not illegal and is protected under the First Amendment as a form of free speech. Legal experts and court rulings affirm that giving the middle finger, while rude, does not constitute a criminal offense.
Legal Context
1. First Amendment Rights
The act of flipping off a police officer falls under protected speech. Courts have consistently ruled that such gestures, even if deemed offensive, cannot be grounds for arrest or legal action.
For example, a notable case involved a woman in Michigan who was pulled over and subsequently sued after being ticketed for making the gesture; the court upheld her right to express herself in this manner.
2. Disorderly Conduct
While police officers might attempt to classify flipping someone off as disorderly conduct, such claims are generally not upheld in court unless the behavior escalates to actual threats or creates a public disturbance. A hand gesture alone does not typically meet these criteria.
3. Recent Cases
In Vermont, a man named Greg Bombard was arrested for giving a trooper the finger during a traffic stop. He later received a $175,000 settlement after it was determined that his First Amendment rights were violated, reinforcing that such gestures are constitutionally protected.
Conclusion
Although flipping off a cop is legal in New Hampshire and other states, it is advisable to consider the potential repercussions of such actions. While you cannot be arrested solely for making this gesture, it could lead to confrontations with law enforcement or additional scrutiny during traffic stops.
Sources:
- https://www.thefire.org/news/lawsuit-vermont-man-sues-after-being-arrested-flipping-police
- 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/