No, it is not illegal to flip off a police officer in Kansas, as the gesture qualifies as protected free speech under the First Amendment.
Legal Precedent
Kansas courts and federal rulings affirm that rude gestures toward officers, including the middle finger, do not constitute disorderly conduct on their own.
In a notable 2010 Olathe case, Scott Schaper received a $4,000 settlement after an officer ticketed him for the gesture following a traffic stop; the city dropped charges and agreed to train officers on tolerating such expression.
Courts have ruled that “fighting words” must incite immediate violence, not mere offense, distinguishing protected criticism from unprotected threats.
Relevant Statute
Kansas Statute § 21-6203 defines disorderly conduct as using abusive language or making an obscene gesture with intent to provoke alarm or breach the peace.
However, isolated gestures at police fail this test unless paired with threats or violence, per case law emphasizing officers’ need to endure verbal challenges.
| Scenario | Legal Outcome |
|---|---|
| Gesture alone | Protected speech |
| With threats | Possible disorderly conduct |
| During traffic stop | No basis for further detention |
Practical Risks
While legal, the act may escalate encounters, prompting pretextual stops for other violations like speeding. Officers cannot arrest solely for it, but context like public disturbance could lead to charges.
Federal appeals, such as the 6th Circuit’s 2019 ruling, reinforce no reasonable suspicion arises from rudeness alone.
Advice
Exercise free speech confidently but de-escalate verbally. If ticketed, challenge via civil rights claims or ACLU support, as outcomes favor citizens in pure gesture cases.
SOURCES:
- https://www.cbsnews.com/news/kansas-man-who-flipped-off-cop-gets-4000/
- https://www.performance-protocol.com/post/is-it-illegal-to-flip-off-a-cop-examining-the-legal-and-social-implications
