In New Hampshire, flipping off a police officer is not illegal by itself, as it is generally considered free speech protected under the First Amendment. The gesture of giving the middle finger is recognized as a form of expressive conduct, and courts have consistently ruled that such non-verbal expressions, even if offensive or disrespectful, fall within constitutional free speech rights.
However, context matters. If the gesture is part of a larger incident involving disorderly conduct, threats, harassment, or disrupting the peace, then the individual could face charges. For example, if flipping off a cop occurs alongside aggressive behavior, refusal to comply, or other actions that escalate tension or impede law enforcement duties, it could lead to charges like disorderly conduct or obstruction of justice.
In New Hampshire, disorderly conduct laws focus less on the gesture itself and more on whether your overall behavior creates a public disturbance or interferes with police work. Thus, flipping off a cop during a heated or hostile encounter might contribute to legal trouble, but the gesture alone typically does not.
Federal court rulings also support that flipping the bird is not a legal basis for a police stop or arrest. A 2019 federal ruling in Michigan affirmed that while the gesture may be crude, it is not criminal behavior and cannot justify a traffic stop or seizure.
In New Hampshire you won’t usually face legal consequences solely for flipping off a police officer. Your right to express frustration this way is protected, but if combined with disorderly or threatening conduct, it could be grounds for charges. It is always best to remain calm and cooperative when interacting with law enforcement to avoid unnecessary conflict or legal issues.
Sources
[1] https://collincountymagazine.com/2025/06/28/is-it-illegal-to-flip-off-a-cop-in-new-hampshire-heres-what-the-law-says/
[2] https://www.northstarcriminaldefense.com/flipping-the-bird-to-cops-stop/
[3] https://legiscan.com/NH/text/HB109/id/3037403/New_Hampshire-2025-HB109-Introduced.html
[4] https://www.insurancejournal.com/blogs/iat/2025/01/12/803599.htm
[5] https://www.aclu.org/news/free-speech/new-hampshire-police-arrested-man-being-mean-them-internet
