It is not illegal to flip off a police officer in South Dakota; this gesture is protected under the First Amendment right to free speech and is generally not grounds for arrest or criminal citation. However, police could still detain or cite someone if their conduct escalates into truly disruptive or disorderly behavior, but the gesture alone does not justify a legal penalty.
First Amendment Protections
- The U.S. Supreme Court and federal appellate courts have ruled that non-threatening gestures, including the middle finger, are considered protected speech—even when directed at law enforcement.
- South Dakota does not have any statutes criminalizing rude gestures toward police specifically; actions must rise to the level of disorderly conduct or cause a public disturbance for prosecution.
What Could Happen In Practice
- Officers may react negatively and seek another legal reason to detain or ticket someone, but a conviction solely for flipping off a cop will not stand in court.
- If the gesture is combined with threats or physical aggression, charges such as disorderly conduct could apply.
What The Law Says
- Flipping off a police officer is a legal exercise of free speech in South Dakota, but avoid escalating the encounter further, as police have wide discretion in practice.
Giving a police officer the middle finger is protected free speech and not illegal in South Dakota unless the action is part of broader conduct causing a disturbance or threatening public safety.
Sources
(https://www.sdpb.org/arts-and-culture/2015-01-22/flipping-off-a-cop-is-legal)
(https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police)
(https://www.reddit.com/r/AskAnAmerican/comments/1bxpwn9/can_it_ever_be_against_the_law_to_flip_someone_off/)
(https://www.shubinlaw.com/flipping-off-police-officers-constitutional-federal-court-affirms/)
(https://sdlegislature.gov/Statutes/22-40)
