No, it is not illegal to flip off a cop in Arkansas. The gesture is protected free speech under the First Amendment, as confirmed by multiple federal court rulings.
Arkansas has no specific statute criminalizing obscene gestures toward police absent threats or interference.
Legal Protections
Flipping off an officer qualifies as expressive conduct safeguarded by the U.S. Constitution. Courts, including the 8th Circuit covering Arkansas, have ruled that such gestures—even vulgar ones like the middle finger—do not constitute “fighting words” or disorderly conduct unless they incite immediate violence.
For example, in cases like Buffkins v. City of Omaha, calling officers names was deemed protected.
Arkansas Code § 5-54-104 only prohibits physical force or threats against officers, not verbal insults or gestures. No “disrespect to police” law applies to civilians; § 12-64-813 targets military personnel only.
When It Could Lead to Issues
If the gesture accompanies obstruction—like refusing lawful orders—or occurs during a stop, it might justify charges like interfering with an officer (Class A misdemeanor). Courts have dismissed arrests based solely on gestures, often awarding damages for false arrest.
Brandishing while driving could invite a traffic stop for probable cause, but the flip itself isn’t criminal.
Key Precedents
Federal cases affirm this nationwide:
- City of Houston v. Hill (1987): Verbal challenges to police are protected.
- Duran v. City of Douglas (1990): Obscene gestures alone don’t justify detention.
Arkansas follows suit; a local attorney notes successful defenses for clients flipping officers during stops.
Practical Advice
Exercise caution—gestures may escalate encounters, leading to pretextual stops. Film interactions if safe, and comply with orders while asserting rights.
If arrested, challenge via motions citing First Amendment case law. Consult a local attorney for specifics, as outcomes depend on context.
SOURCES :
- https://arkansaslawking.com/may-you-legally-tell-a-police-officer-fuck-you-in-arkansas/
- https://www.pbs.org/newshour/show/arkansas-police-officers-suspended-after-a-video-shows-brutal-beating
