Flipping off a police officer in Nebraska is not illegal, as it qualifies as protected free speech under the First Amendment. Courts nationwide, including federal rulings influencing Nebraska, consistently overturn arrests or citations for such gestures when no other crime occurs. Drivers and pedestrians retain this right during traffic stops or encounters, though de-escalation avoids escalation risks.
First Amendment Protections
The U.S. Supreme Court affirms vulgar gestures like the middle finger as expressive conduct, not disorderly conduct absent threats or fighting words (Cohen v. California, 1971). Nebraska follows federal precedent; no state statute criminalizes gestures alone under Neb. Rev. Stat. § 28-906 (disorderly conduct requires breaching peace willfully). Cases like State v. Harrington affirm speech protections during stops.
Nebraska Disorderly Conduct Law
Neb. Rev. Stat. § 28-906 targets abusive language or actions causing public alarm, but isolated flips do not qualify without context like traffic obstruction or verbal fights. Officers cannot retaliate with stops or searches based solely on gestures; ACLU guidance confirms rights to express disdain calmly. Enforcement focuses on safety, not offense.
Traffic Stop Context
During stops, remain hands-visible and compliant on basics (license, registration), but invoke “I invoke my rights” for silence or gestures. Flipping off may prompt pretextual tickets (e.g., tinted windows), but courts suppress evidence from retaliatory actions (e.g., 8th Circuit rulings). Body cams document interactions, aiding lawsuits.
Potential Risks and Retaliation
Gestures risk heightened scrutiny, prolonged stops, or subjective charges like “obstructing” if filming interferes. No specific Nebraska “disrespect” statute exists; police codes emphasize ethics, not citizen gestures. Misconduct complaints rise via LB51 reforms, deterring abuses.
Case Examples Nationwide
Federal courts dismissed charges in cases like Peck v. Butts (2019, 5th Cir.), where flipping led to wrongful arrest. Nebraska aligns, prioritizing de-escalation per training post-2021 LB51. Record everything legally.
Best Practices
Film openly without blocking; say “Am I free to go?” post-basics. Avoid physical resistance. If cited, contest in court—gestures alone fail prosecution.
SOURCES:
- https://www.aclunebraska.org/know-your-rights/rights-with-law-enforcement/
- https://nebraskalegislature.gov/laws/statutes.php?statute=81-1414.14
