In Minnesota, flipping off a police officer is not illegal and is generally considered protected speech under the First Amendment. This gesture, while rude or offensive, by itself does not provide legal grounds for a police officer to stop or arrest someone. Courts have ruled that such expressive conduct—raising the middle finger—is a form of free speech and not a criminal act.
A notable federal case discussed a Michigan incident where a woman flipped off a cop and was later stopped again just for that gesture. The federal court decided that flipping the bird, although crude, did not justify the stop and was protected free expression. While Minnesota state courts can make independent rulings, this federal view reflects the general legal understanding.
There have been cases in Minnesota where officers have charged people for disorderly conduct or retaliated after a middle-finger gesture; however, courts require that the officer have legitimate reason such as reasonable suspicion or probable cause beyond the gesture itself to justify stops or arrests. For example, in one Minnesota case, an arrest for disorderly conduct following such a gesture was linked by the court to an alleged license plate violation, not just the gesture alone.
It is important to note that while the gesture alone is protected, actions accompanying it—such as aggressive behavior, obstructing police duties, or causing disturbances—can lead to lawful charges under disorderly conduct or obstruction statutes. Police officers may still react adversely, but courts generally dismiss charges when the gesture is the sole reason for law enforcement action.
Minnesota:
- The middle finger gesture directed at a police officer is legally protected free speech.
- Such a gesture alone does not justify a traffic stop or arrest.
- Officers need reasonable suspicion or probable cause unrelated to the gesture to stop or charge a person.
- Charges for disorderly conduct may follow only if other unlawful behavior accompanies the gesture.
- Courts have upheld the constitutional right to express even offensive gestures to law enforcement, consistent with First Amendment protections.
Therefore, flipping off a cop in Minnesota is not illegal per se, but escalation beyond this gesture or illegal acts accompanying it can expose a person to valid police action and charges.
Sources
[1] https://www.northstarcriminaldefense.com/flipping-the-bird-to-cops-stop/
[2] https://firstamendment.mtsu.edu/post/judge-dismisses-free-speech-case-over-middle-finger-gesture-to-police/
[3] https://www.performance-protocol.com/post/is-it-illegal-to-flip-off-a-cop-examining-the-legal-and-social-implications
[4] https://www.shubinlaw.com/flipping-off-police-officers-constitutional-federal-court-affirms/
[5] https://newscut.mprnews.org/2019/03/court-cop-cant-stop-driving-for-middle-finger/index.html
