Under the First Amendment of the U.S. Constitution, individuals are granted the right to freedom of speech. This protection extends beyond spoken or written words to include symbolic speech, such as gestures.
Courts have held that offensive gestures, including giving the middle finger, are protected forms of expression, provided they do not incite violence or constitute a true threat.
Maine Law and Police Interactions
In Maine, as in all states, the law does not criminalize the act of flipping off a police officer. There is no statute that specifically prohibits making rude or offensive gestures toward law enforcement. Instead, courts have repeatedly ruled that such actions are protected by the First Amendment.
For example, in a similar case from Michigan, a federal appeals court ruled that a police officer could not lawfully pull over a driver simply for giving him the finger, as this would violate the driver’s First Amendment rights. The court emphasized that “fits of rudeness” are not grounds for a legal stop or arrest. These legal principles apply equally in Maine.
Potential Consequences and Practical Considerations
While flipping off a police officer is not illegal, it may have practical consequences. Law enforcement officers may interpret such gestures as confrontational, which could escalate an interaction. However, unless the gesture is accompanied by threats, physical aggression, or other illegal conduct, there is no legal basis for arrest or citation.
Sources:
1. https://www.cooley.edu/lawreview/guidelines
2. https://chicagounbound.uchicago.edu/uclrev/styleguide.html
3. https://lawbhoomi.com/how-to-write-a-legal-article-or-a-blog/
