Flipping off a police officer in Virginia is not illegal. Both federal and state courts, including decisions in Virginia, have confirmed that showing the middle finger to a police officer is a form of speech protected by the First Amendment. In a prominent Virginia case, a federal judge ruled that a police officer’s stop and detention of a man who had given him the finger violated the man’s constitutional rights, and the officer had no reasonable basis to detain him for this gesture alone.
However, while flipping off a cop alone is not a crime and cannot legally justify a traffic stop, it is possible for police to temporarily detain, cite, or even arrest someone under disorderly conduct or similar statutes if other behaviors are present or if the situation escalates. Yet, past court decisions make clear that such arrests or detentions made solely on the basis of the gesture usually cannot withstand constitutional scrutiny, and individuals have succeeded in lawsuits against officers and cities for such violations.
Flipping off a police officer in Virginia is constitutionally protected speech and is not grounds for arrest or a traffic stop by itself. Nevertheless, such an action could still provoke a police response or lead to a confrontation, even if it is not legally justified.
Sources
[1] https://www.courthousenews.com/judge-overturns-verdict-against-man-who-flipped-off-cop/
[2] https://valawyersweekly.com/2020/04/06/flipping-off-cop-didnt-justify-stop/
[3] https://www.techdirt.com/2020/04/01/virginia-court-reaffirms-right-to-give-cops-finger/
[4] https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/
[5] https://wvmetronews.com/2023/04/28/attorney-motorist-arrested-after-flipping-martinsburg-police-officer-off-will-file-lawsuit/
