Flipping off a police officer in Hawaii is not illegal under state law. Courts across the United States, including federal appeals courts, have consistently ruled that giving a police officer the middle finger—an act generally considered rude but not threatening—is protected speech under the First Amendment. This means that, in Hawaii as elsewhere, you cannot be arrested or cited solely for flipping off a cop.
However, there are important considerations:
- Protected Speech: The gesture itself does not violate any law and is not grounds for arrest or a traffic stop. Police may not use the act of flipping them off as probable cause for any legal action.
- Don’t Escalate: While not illegal, being disrespectful to law enforcement can lead to heightened scrutiny. If you are stopped for another reason, your attitude may influence the officer’s discretion in handling the situation.
- No Hawaii-Specific Prohibition: There is no statute in the Hawaii Revised Statutes or local ordinance that prohibits flipping off law enforcement officers. (Note: The Hawaii statute referenced in the context of this question, §710-1016.7, criminalizes impersonating law enforcement, not making rude gestures.
Flipping off a cop in Hawaii is legal and considered protected speech. However, while you have the right to express yourself, being rude to law enforcement can have practical consequences if you’re already involved in an interaction with them.
Sources
[1] https://www.reddit.com/r/fuckthepolice/comments/1hp7t4l/i_flip_off_the_cops_every_time_i_see_them_is_this/
[2] https://www.courthousenews.com/flipping-off-cops-is-free-speech-sixth-circuit-rules/
[3] https://law.justia.com/codes/hawaii/title-37/chapter-710/section-710-1016-7/
[4] https://www.aerlawgroup.com/blog/what-happens-if-i-flip-off-a-cop/
[5] https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
