Flipping off a police officer—commonly known as giving the middle finger—is not illegal in New Hampshire. This gesture is protected as free speech under the First Amendment of the U.S. Constitution. Courts across the country, including in New England, have repeatedly ruled that simply making this gesture does not constitute a crime.
Police officers in New Hampshire cannot lawfully arrest or charge you for flipping them off unless your actions go beyond mere speech—such as making threats, inciting violence, or refusing to comply with lawful orders (for example, if you are being lawfully detained or asked for identification and you refuse).
Disorderly conduct charges generally require more than a rude gesture; they require behavior that actually disrupts public order or incites violence.
Key Points:
Not Illegal: Flipping off a police officer is not a crime in New Hampshire and is protected by the First Amendment.
Possible Complications: While not illegal, the gesture could lead to a negative encounter or prompt an officer to scrutinize you more closely for other infractions.
Disorderly Conduct: Arrests for disorderly conduct based solely on the middle finger are unlikely to hold up in court, and individuals have successfully sued for violations of their rights in such cases.
Compliance: You must still comply with lawful orders from police, such as providing identification or following traffic instructions.
Summary Table
| Action | Legal Status in NH | Potential Consequences |
|---|---|---|
| Flipping off a cop | Legal (protected speech) | Possible negative encounter |
| Refusing lawful police orders | Illegal | Citation or arrest |
| Threatening a cop | Illegal | Arrest, criminal charges |
Sources:
1. https://legiscan.com/NH/text/HB698/2025
2. https://www.avvo.com/legal-answers/is-it-illegal-for-me-to-flip-off-a-police-officer–1867110.html
3. https://law.justia.com/codes/new-hampshire/title-vii/chapter-104/section-104-28-a/
