Flipping off a police officer in New York—or anywhere in the United States—is generally not illegal due to protections under the First Amendment, which safeguards freedom of speech, including symbolic and expressive gestures like giving the middle finger. Courts, including the Supreme Court, have consistently ruled that such conduct is protected speech, even when directed at law enforcement.
However, while the act itself is not a crime, police officers in New York and elsewhere sometimes use broad disorderly conduct laws to arrest or ticket people who are perceived as being disrespectful or disruptive. Disorderly conduct laws are intended to prevent actions that disturb the peace, but they are not supposed to be used to punish protected speech. In practice, individuals who flip off officers have occasionally been arrested and charged, but these charges are typically dismissed or dropped, especially when challenged in court.
Real-world examples show that New Yorkers have been arrested for flipping off police officers, only to have charges dropped or to file lawsuits for wrongful arrest and violation of their constitutional rights. For instance, a man in Greenwich Village was arrested for giving officers the middle finger, but the incident led to a lawsuit and widespread recognition that his rights had been violated.
Flipping off a cop in New York is protected speech under the First Amendment and is not illegal. However, officers may sometimes use disorderly conduct laws to detain or cite individuals, but such charges generally do not hold up in court if challenged. While you have the right to express yourself, doing so may lead to an unpleasant encounter with law enforcement.
Sources
[1] https://www.talksonlaw.com/briefs/can-you-be-arrested-for-giving-the-finger-to-police
[2] https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/
[3] https://www.shubinlaw.com/flipping-off-police-officers-constitutional-federal-court-affirms/
[4] https://freedom.press/issues/police-are-threatening-free-expression-abusing-law-punish-disrespect-law-enforcement/
[5] https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
