In Vermont, flipping off a police officer is not a crime. The act of giving the middle finger to law enforcement is generally considered protected speech under the First Amendment of the U.S. Constitution.
This protection extends to offensive or insulting gestures, including those directed at police officers. However, while it is legally protected, this gesture could still lead to confrontations or improper arrests, which have been challenged in court. This article explains why flipping off a cop is not illegal in Vermont and what legal precedents support this right.
What the Law Says About Flipping Off a Cop
First Amendment Protection
The First Amendment guarantees the right to free speech, including offensive or obscene gestures. Courts have repeatedly ruled that gestures like giving the middle finger are forms of free expression.
This protection applies even when the gesture is directed at government officials, including police officers. The U.S. Constitution shields individuals from criminal charges for expressing themselves, even if the expression is offensive or rude.
Disorderly Conduct Laws
While Vermont has laws that prohibit disorderly conduct, these laws do not cover acts of simple obscene gestures. To meet the threshold for disorderly conduct, the behavior must involve actions such as threats, harassment, or incitement to violence.
A rude or offensive gesture, like flipping someone off, does not usually rise to the level of criminal conduct unless it is accompanied by other disruptive behavior.
Recent Case Example: Gregory Bombard’s Lawsuit
In 2018, a Vermont man named Gregory Bombard was arrested after giving a state trooper the middle finger. He was initially charged with disorderly conduct, but his case drew widespread attention as a potential violation of his First Amendment rights.
Bombard later settled a lawsuit with the state, receiving $175,000 in damages. The court ruled that his gesture was protected free speech and that his arrest was unconstitutional. This case serves as a key example of how Vermont courts protect citizens’ rights to express themselves, even when the expression is rude.
Key Points to Remember
Flipping off a cop is not a crime in Vermont.
You cannot be arrested or charged just for making this gesture.
Retaliatory arrests for such speech have led to legal settlements against Vermont law enforcement.
However, if the situation escalates to threats, harassment, or actions that genuinely disturb the peace, other charges could apply under Vermont law.
Legal Precedents for Flipping Off a Cop
Federal and State Court Rulings
Both federal and state courts, including those in Vermont, have consistently ruled that the middle finger is protected expressive conduct. This means that arresting someone solely for making this gesture is unconstitutional. Legal precedents have upheld the right to make such gestures without facing criminal charges.
Law Enforcement Training
The legal settlements in cases like Gregory Bombard’s have highlighted the need for better training of police officers in understanding citizens’ free speech rights.
These incidents have prompted calls for law enforcement to better respect individuals’ rights to express themselves, even in ways that might be perceived as offensive.
Practical Advice
While flipping off a police officer is protected by law, it can still provoke a reaction. Officers may not always respond appropriately, and you could be temporarily detained or face retaliatory actions, even if those actions are later found to be unlawful.
If you are arrested or cited for making such a gesture, remember that legal precedent is on your side. It’s crucial to consult an attorney and document the incident if it occurs.
Sources:
1. https://www.thefire.org/news/lawsuit-vermont-man-sues-after-being-arrested-flipping-police
2. https://www.youtube.com/watch?v=hgEYi1PHBDc
3. https://lawandcrime.com/lawsuit/cursing-at-cops-isnt-a-crime-man-jailed-for-flipping-off-vermont-state-trooper-settles-case/
