No, it is not illegal to flip off a police officer in Wisconsin. This gesture-commonly known as “flipping the bird” or giving the middle finger-is protected by the First Amendment as a form of free speech.
Federal courts, including the U.S. Court of Appeals for the Sixth Circuit, have ruled that such expressive conduct, while rude or disrespectful, is not a crime and cannot be used as grounds for arrest, ticketing, or a traffic stop.
A notable case involved a woman who was stopped by police and, after receiving a ticket, flipped off the officer as she drove away.
The officer stopped her again and issued a more serious ticket, but the court found this to be a violation of her constitutional rights. The judge wrote, “Any reasonable officer would know that a citizen who raises her middle finger engages in speech protected by the First Amendment”.
Caveats:
- If the gesture is accompanied by threats, physical aggression, or creates a public disturbance, police could charge you with disorderly conduct or a similar offense. The gesture alone, however, is not sufficient for such charges.
- In practice, while the law protects you, some officers may still detain or ticket individuals for related reasons, though such charges are unlikely to hold up in court.
Flipping off a cop in Wisconsin is not illegal and is constitutionally protected speech. However, doing so may escalate the situation and attract unwanted attention from law enforcement, so it is wise to be aware of the potential practical consequences even if you are within your rights.
Sources
[1] https://www.wisbar.org/newspublications/wisconsinlawyer/pages/Article.aspx?Volume=92&Issue=4&ArticleID=26972
[2] https://mylolowcountry.com/usa-laws/is-it-illegal-to-flip-off-a-cop-in-missouri-heres-what-the-law-says/
[3] https://www.marcushillattorney.com/links/flipping-off-the-cops.shtml
[4] https://www.shubinlaw.com/flipping-off-police-officers-constitutional-federal-court-affirms/
[5] https://www.reddit.com/r/AskAnAmerican/comments/1bxpwn9/can_it_ever_be_against_the_law_to_flip_someone_off/
