No, it is not illegal to flip off a cop in Minnesota, as courts recognize the gesture as protected free speech under the First Amendment. Federal rulings in the 8th Circuit, covering Minnesota, affirm that such expressive conduct cannot justify stops, arrests, or charges absent other violations.
While Minnesota Statute § 609.72 on disorderly conduct prohibits offensive actions tending to provoke breach of the peace, isolated gestures at officers rarely meet this threshold.
First Amendment Protections
The U.S. Supreme Court and federal circuits consistently shield rude gestures toward police as symbolic speech, even if provocative. In Minnesota-federal cases like Garcia v. City of New Hope, the 8th Circuit reinstated a retaliation claim against an officer who stopped a driver for flipping her off, denying qualified immunity because the act was clearly protected. Officers cannot retaliate via traffic stops or arrests solely for annoyance, as this chills expression.
Lower courts echo this: a single middle finger lacks probable cause for disorderly conduct unless part of brawling or public disturbance. Nationwide precedents, including 2nd, 6th, and 8th Circuits, reinforce that “fits of rudeness” remain legal.
Minnesota Disorderly Conduct Law
Under Minn. Stat. § 609.72, disorderly conduct involves knowing acts like obscene conduct or language that alarm, anger others, or provoke violence in public/private spaces. Flipping off an officer alone does not qualify, as it requires intent to disturb peace and actual provocation—mere offense fails. Charges dismissed in gesture cases often stem from pretextual stops, like license plate issues, ruled unconstitutional retaliation.
Misdemeanor penalties include up to 90 days jail and $1,000 fines, but First Amendment defenses prevail.
Key Court Cases in Region
In 2021, the 8th Circuit ruled a New Hope officer liable for pulling over motorist Manuel Garcia after his middle-finger wave near a school; no probable cause existed beyond the gesture. Garcia’s suit advanced, highlighting officers’ duty to ignore expressive insults.
Similar outcomes: Vermont $175,000 settlement for arrest post-flip-off, Michigan 6th Circuit upholding speech rights. Minnesota police chiefs have dismissed complaints against officers but courts side with citizens.
Potential Risks and Advice
While legal, the gesture risks escalated encounters, pretextual stops, or charges if combined with yelling/swerving. Record interactions, know rights, and comply with lawful orders to avoid escalation. Vulnerable groups face higher scrutiny; de-escalation preserves safety.
Consult attorneys post-incident; civil suits yield settlements for violations.
SOURCES:
- https://www.shubinlaw.com/flipping-off-police-officers-constitutional-federal-court-affirms/
- https://reason.com/2024/07/18/man-who-was-arrested-for-flipping-off-cop-settles-for-175000/
