In Vermont, flipping off a police officer is not illegal and is protected as free speech under the First Amendment of the U.S. Constitution and the Vermont Constitution. A high-profile case involving Gregory Bombard, who was stopped and arrested after an officer believed he gave the middle finger during a traffic stop, underscored this legal protection. The ACLU of Vermont and the Foundation for Individual Rights and Expression successfully argued that Bombard’s gesture, even if considered offensive or insulting, was a form of constitutionally protected expression.
The courts and settlement from this case clarified that police officers cannot lawfully arrest or detain someone solely for making rude gestures or engaging in profanity directed at law enforcement. Such conduct, including giving the middle finger, is protected speech, and retaliatory arrests for it violate constitutional rights. An officer’s personal offense does not justify breaking the law or infringing upon free speech.
Vermont State Police have faced criticism for lacking formal First Amendment training and policies, which has led to incidents like Bombard’s. The state has since been encouraged to train officers better on respecting citizens’ constitutional rights, even when faced with offensive or disrespectful behavior.
While flipping off a cop in Vermont may be disrespectful and could escalate a police interaction, it is not illegal. The gesture is a protected form of free speech, and law enforcement cannot legally punish someone for it. Any arrest or citation for such conduct can be challenged as a violation of constitutional rights.
Sources
(https://www.acluvt.org/en/press-releases/aclu-client-settles-case-against-vermont-state-police-over-unconstitutional-arrest)
(https://www.thefire.org/news/lawsuit-vermont-man-sues-after-being-arrested-flipping-police)
(https://www.thefire.org/news/victory-vermont-man-jailed-flipping-cop-receives-175k-settlement)
(https://public.powerdms.com/VSP/documents/740551)
(https://legislature.vermont.gov/statutes/fullchapter/20/151)
