Flipping off a cop in Vermont is not illegal and is protected under the First Amendment of the U.S. Constitution as free speech. This right was recently reinforced by a high-profile case involving Gregory Bombard, who was arrested by a Vermont State trooper in 2018 after giving the officer the middle finger and cursing at him. Bombard was initially stopped by the trooper, who thought Bombard had gestured rudely at him; after being released, Bombard did in fact flip off and swear at the officer while driving away, resulting in a second stop, arrest for disorderly conduct, and over an hour in jail.
The criminal charges against Bombard were later dropped, and he sued, alleging a violation of his First Amendment rights. The lawsuit was settled in 2024 for $175,000, with the ACLU and Foundation for Individual Rights and Expression (FIRE) representing Bombard. The settlement and the legal arguments in the case make clear that expressing disapproval or frustration toward law enforcement—including through offensive gestures or language—is constitutionally protected, so long as it does not cross the line into threatening or inciting violence.
Courts have consistently ruled that police cannot use disorderly conduct or similar charges to punish people for speech or gestures that are merely offensive or insulting. As legal experts and advocates have noted, “cursing at cops isn’t a crime” and “calling it ‘disorderly conduct’ isn’t a get-out-the-Constitution-free card that allows police to silence speech they don’t like”.
While flipping off a police officer in Vermont might upset or anger the officer, it is not a crime and is protected as free speech under the law. Police cannot lawfully arrest or charge someone solely for this kind of expressive conduct. However, if the gesture is accompanied by threats or other unlawful behavior, that could be subject to legal consequences. Otherwise, Vermont residents—like all Americans—have the right to express their opinions, even in ways some may find offensive.
Sources
[1] https://www.cbsnews.com/news/vermont-trooper-jay-riggen-gregory-bombard-middle-finger/
[2] https://apnews.com/article/middle-finger-police-stop-vermont-379e539a054d04ab0c29511f58ee94c2
[3] https://reason.com/2024/07/18/man-who-was-arrested-for-flipping-off-cop-settles-for-175000/
[4] https://lawandcrime.com/lawsuit/cursing-at-cops-isnt-a-crime-man-jailed-for-flipping-off-vermont-state-trooper-settles-case/
[5] https://www.thefire.org/news/victory-vermont-man-jailed-flipping-cop-receives-175k-settlement
