Flipping off a police officer in New Jersey is not illegal. The act of showing your middle finger to a police officer falls under the protection of the First Amendment as a form of free speech. Courts in New Jersey and elsewhere have recognized that this gesture, while rude, is an expression of frustration or dissent and is thus constitutionally protected. A judge in New Jersey dismissed disorderly conduct charges against an individual who flipped off an officer, explicitly affirming that the gesture was protected speech as long as it did not result in immediate danger or public disorder.
However, context matters. If flipping off a cop is accompanied by behavior that escalates the situation—such as making threats, causing a public disturbance, or interfering with police duties—the individual could potentially be charged with disorderly conduct or obstruction. The key issue is not the gesture itself, but whether it leads to or is part of disruptive or illegal conduct. For example, if your actions create a public disturbance or provoke an altercation, disorderly conduct charges might be applied. Simple use of the middle finger alone does not meet this threshold and cannot be used as probable cause for a traffic stop or arrest.
There are some oddities in New Jersey law, including an outdated statute that technically prohibits “grimaces or contortions” at police officers, but there is no recent history of this being enforced, and courts have consistently upheld the right to make gestures like showing the middle finger to police as protected speech.
You cannot be lawfully arrested or fined in New Jersey for simply flipping off a police officer, provided your behavior does not cross into threats, public disorder, or interference with law enforcement activities.
Sources
[1] https://943thepoint.com/can-i-legally-get-pulled-over-for-flipping-off-a-cop-in-new-jersey/
[2] https://www.aclu-nj.org/en/press-releases/free-speech-victory-man-who-flipped-cop-unmarked-car
[3] https://collincountymagazine.com/2025/07/13/is-it-illegal-to-flip-off-a-cop-in-new-jersey-heres-what-the-law-says/
[4] https://nj1015.com/smile-is-frowning-at-a-cop-really-illegal-in-nj/
[5] https://wpst.com/is-it-illegal-to-flip-off-a-cop-in-new-jersey/
