It is not illegal to flip off a police officer in Delaware—making an obscene hand gesture such as giving the middle finger is protected under the First Amendment right to free speech, according to legal precedent and recent court cases.
What Really Happens
- Flipping off a cop is not a criminal offense in Delaware and does not, by itself, justify a citation or arrest.
- Delaware police have ticketed people for flipping them off, but charges are typically dropped and such tickets do not hold up legally.
- The most common way police attempt to cite or arrest people in these cases is for “disorderly conduct” or another non-relevant infraction, yet such actions have led to successful lawsuits against law enforcement, with settlements awarded for violation of constitutional rights.
Legal Context
- The Delaware Code contains disorderly conduct provisions, but simply making an obscene gesture (without other public disturbance) does not meet the criteria for arrest or legal punishment.
- Federal courts have consistently affirmed that “fits of rudeness,” including flipping the bird, are protected expression, not illegal conduct.
Important Caveats
- While it is not illegal, there is a risk that an officer may improperly detain, cite, or harass someone for flipping them off; however, these actions are unlawful and subject to legal challenge, as shown by recent settlements and court decisions.
- Being disrespectful may escalate encounters with law enforcement, but it is not grounds for charge or arrest based on gesture alone.
Flipping off a cop in Delaware is legal, but may provoke an unlawful response—any resulting citation or arrest is almost certain to be dismissed and potentially actionable in court.
Sources
(https://reason.com/2023/08/14/cops-invented-a-reason-to-cite-man-who-flipped-them-off/)
(https://abovethelaw.com/2023/09/delaware-state-police-pay-50000-to-man-troopers-ticketed-for-flipping-them-off/)
(https://www.youtube.com/watch?v=juUMyp74NQY)
(https://suhrelawindianapolis.com/blog/can-arrested-flipping-off-cops/)
(https://delcode.delaware.gov/title11/c005/sc07/)
