In Texas, flipping off a police officer is generally not illegal and is considered protected speech under the First Amendment of the U.S. Constitution. Courts, including federal appellate courts, have consistently ruled that non-threatening gestures like “flipping the bird” are forms of expressive conduct that cannot be criminalized simply because they are offensive or disrespectful.
Texas law on disorderly conduct, specifically Penal Code § 42.01(a)(2), prohibits “offensive gestures or displays… tending to incite an immediate breach of the peace.” However, for a gesture to qualify as disorderly conduct, it must be likely to provoke a serious disturbance or violence—not just offend or annoy. This means that simply flipping off a cop, without more, rarely meets the legal threshold for disorderly conduct.
Court precedent, including both Texas and federal cases, supports this interpretation. For example, in the case of Brown v. Wilson in Texas, a man cited for flipping off a police officer ultimately had the charge dismissed because the gesture, made through a closed window and without confrontation, did not amount to “fighting words” or incite a breach of the peace. Similarly, federal courts have ruled that the middle finger is a form of protected speech, and officers cannot lawfully detain or arrest someone solely for that gesture unless it is accompanied by threats or aggressive actions likely to provoke violence.
Context is important. If the gesture is accompanied by threatening language, aggressive behavior, or occurs in a situation that genuinely disturbs the peace, it could cross the line into disorderly conduct. In such cases, the gesture may be considered part of behavior that incites violence or unrest, making it no longer protected speech.
Practically, police officers have broad discretion in how they respond. Even though flipping off a cop is typically protected, officers can still stop, question, or even cite someone. If this happens, the individual may need to contest the charge in court, where such charges are often dismissed. However, the process can still lead to inconvenience, legal costs, and potential escalation of the situation.
Flipping off a police officer in Texas is not illegal in most cases and is protected by free speech laws, unless it is part of threatening or violent behavior. However, officers may still respond with citations or detainment, so while the gesture is legal, it can result in unnecessary conflict or legal trouble.
Sources
[1] https://thewrangler.com/is-it-illegal-to-flip-off-a-cop-in-texas-heres-what-the-law-says/2025/06/30/
[2] https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/
[3] https://johnhelms.attorney/federal-court-upholds-right-to-flip-off-the-police/
[4] https://beltzlaw.com/is-it-illegal-to-flip-someone-off-in-texas-understanding-disorderly-conduct-charges/
[5] https://www.shubinlaw.com/flipping-off-police-officers-constitutional-federal-court-affirms/
