No, flipping off a police officer in Colorado is not inherently illegal, as it qualifies as protected speech under the First Amendment of the U.S. Constitution. Courts have consistently ruled that the middle finger gesture, even directed at law enforcement, expresses contempt or protest without crossing into criminal territory unless it incites violence or breaches the peace.
However, officers may still cite individuals under broader statutes like disorderly conduct or harassment, often leading to charges being dropped after legal challenges.
Legal Foundation
The First Amendment safeguards expressive conduct, including rude gestures like flipping off an officer, as affirmed in multiple U.S. court decisions and echoed in Colorado police policies. Colorado Springs Police Department guidelines explicitly prohibit using obscene gestures as grounds for detention absent other unlawfulness, recognizing them as protected rudeness. Federal precedents, such as those involving similar cases nationwide, reinforce that mere contempt does not justify arrest.
Relevant Colorado Statutes
Colorado Revised Statutes §18-9-106 defines disorderly conduct as making a “coarse and obviously offensive utterance, gesture, or display in a public place” that tends to incite an immediate breach of the peace; this is a petty offense punishable by fines up to $300 or brief jail time.
arassment under §18-9-111(1)(b) prohibits obscene gestures in public with intent to harass, annoy, or alarm, classified as a petty offense, but “obscene” is narrowly defined to sexual content, not general insults. Neither statute criminalizes the gesture alone without aggravating factors like threats or disruption.
Key Court Cases
In Shane Boor’s 2011 case, a driver flipped off a Colorado State Patrol trooper during a traffic enforcement operation; charged with harassment, the case was dropped after ACLU intervention, confirming First Amendment protection.
Prosecutors have dismissed similar charges in other instances, such as a 2020 case where a man flipped off an officer on C-470, prioritizing constitutional rights over officer discretion. These outcomes highlight that while arrests occur, courts side with free speech when no breach of peace is proven.
Practical Risks and Advice
Officers retain discretion, potentially leading to temporary detention or citations under petty offenses, requiring court defense despite ultimate dismissal.
Escalation—pairing the gesture with yelling, threats, or interference—can trigger valid charges like menacing or interference with law enforcement. Legal experts advise documenting interactions and consulting attorneys promptly, as penalties for petty offenses include fines up to $500 and up to six months jail, though rare for isolated gestures.
Comparison of Potential Charges
SOURCES:
- https://public.powerdms.com/CSPD2/documents/939594
- https://www.reddit.com/r/changemyview/comments/wiqa0a/cmv_if_a_us_police_officer_detainsarrests_someone/
