Flipping off a cop in Maine is generally not illegal, as it is considered protected speech under the First Amendment, unless it is accompanied by other actions that could be classified as disorderly conduct or threats.
Legal Status in Maine
- The act of giving a police officer the middle finger, though rude, is covered as free speech according to federal court precedents, including relevant decisions by the Sixth Circuit Court of Appeals.
- Courts in the U.S., including those applying to Maine, have ruled that the gesture itself, without additional criminal conduct, is not sufficient grounds for legal action, arrest, or detention.
Considerations and Exceptions
- Simply making the gesture does not constitute a crime or provide probable cause for police action.
- If the gesture is accompanied by behavior that risks public safety or disturbs the peace, it can sometimes be interpreted differently under local disorderly conduct laws.
- Retaliatory police action, such as upgrading a ticket or making a second traffic stop solely for the gesture, has been found unconstitutional in court decisions.
Practical Advice
- While legally protected, such gestures may provoke negative responses from law enforcement, and could escalate situations in ways that are not legally justified but might result in temporary detainment or additional scrutiny.
- Court cases have repeatedly affirmed that “fits of rudeness” are not grounds for arrest or further police action, but respectful interactions are always recommended.
In summary, flipping off a police officer in Maine is protected as free speech and is not a crime, but caution is advised regarding the social and possible practical consequences.
Sources
(https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police)
(https://legislature.maine.gov/statutes/17-a/title17-Asec457.html)
(https://www.shubinlaw.com/flipping-off-police-officers-constitutional-federal-court-affirms/)
(https://www.bangordailynews.com/2019/03/14/news/flipping-off-cop-is-free-speech-us-court-says/)
(https://www.reddit.com/r/answers/comments/1hb0dhq/if_flipping_off_police_officers_isnt_illegal_then/)
