Flipping off a police officer in New Hampshire is not illegal, as this gesture is generally protected under the First Amendment right to free speech and expressive conduct in the United States.
First Amendment Protection
The gesture of flipping off, even if rude or offensive, falls under protected free speech so long as it does not cross into threats, incitement, or actions that could be considered disorderly conduct.
Courts across the country, including federal appeals courts, have ruled that non-threatening gestures—such as showing the middle finger—directed at police officers are generally lawful expressions of dissent or criticism, not criminal behavior.
Limits and Context
While this act is protected, police may sometimes claim “disorderly conduct” if the gesture is part of a larger, disruptive altercation or accompanied by threatening behavior—but the gesture alone, without more, does not meet that threshold.
The courts have made clear that police may not lawfully detain, ticket, or arrest a person solely because of this gesture; doing so can expose officers or municipalities to liability for violating constitutional rights.
Social and Practical Considerations
Although not illegal, flipping off an officer can escalate situations and may result in negative interactions or retaliation, even if any resulting charges are ultimately dismissed in court.
It is wise to be aware that while legal, exercising this right can sometimes lead to confrontations that, though unlawful, may be unpleasant or require legal defense.
Flipping off a police officer in New Hampshire is not a crime and is protected by the First Amendment, but context and officer reaction can still pose practical risks.
Sources
(https://suhrelawindianapolis.com/blog/can-arrested-flipping-off-cops/)
(https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police)
(https://www.shubinlaw.com/flipping-off-police-officers-constitutional-federal-court-affirms/)
(https://www.aerlawgroup.com/blog/can-you-be-arrested-for-cursing-at-the-police/)
(https://www.marcushillattorney.com/links/flipping-off-the-cops.shtml)
