If you’ve ever wondered whether flipping off a police officer in South Dakota is against the law, the simple answer is no.
There is no law in the state that directly criminalizes giving someone the middle finger, including law enforcement officers. In fact, this gesture is generally seen as a form of free speech, which is protected under the First Amendment of the U.S. Constitution.
Legal Background: First Amendment Protection
The right to free speech in the U.S. includes gestures like giving the middle finger, even if they are directed at police officers. Federal courts have consistently ruled that such actions are a form of expression and, therefore, protected speech.
This means that in South Dakota, as in most states, a police officer cannot stop, detain, or arrest you just for making this gesture.
South Dakota Law: No Specific Law Against Flipping Off
In South Dakota, there is no state law that makes flipping off a police officer a criminal act. However, South Dakota’s disorderly conduct laws prohibit actions that intentionally cause public inconvenience, alarm, or annoyance. This includes violent or threatening behavior.
It’s important to note that not all offensive gestures or language are considered criminal. Courts have clarified that simply being rude or disrespectful, such as flipping someone off, is not enough to be charged with disorderly conduct.
For an act to be considered disorderly conduct, it needs to be something more, like “fighting words” that can lead to violence or cause an immediate public disturbance.
Relevant Case Law: Courts Protect Offensive Gestures
In one case decided by the South Dakota Supreme Court, the court ruled that offensive gestures and language, including flipping off a police officer, are generally protected unless they are intended to provoke a violent reaction or cause a breach of the peace.
Simply showing disapproval in a disrespectful manner is not enough to meet the legal threshold for criminal charges under the disorderly conduct statute.
Practical Considerations: How It Might Play Out in Real Life
While flipping off a cop may not be illegal, it’s likely to be seen as disrespectful. This could make the situation tense, potentially leading to a negative reaction from the officer.
However, as long as the gesture isn’t part of a larger disturbance or followed by threatening or violent actions, it’s unlikely to result in criminal charges. Still, the officer may choose to temporarily detain you or issue a citation for other reasons, even if the gesture itself isn’t a valid cause for arrest.
Key Takeaways
- Flipping off a police officer in South Dakota is not a crime, as it is protected under the First Amendment.
- The gesture alone does not justify a traffic stop, detention, or arrest.
- If the gesture is part of a larger disturbance or accompanied by threatening or violent behavior, it could lead to charges like disorderly conduct.
Table
| Action | Legal Status in SD | Notes |
|---|---|---|
| Flipping off a cop (middle finger) | Protected by First Amendment | Not a crime unless part of a larger disturbance |
| Flipping off + threatening/violent acts | May be illegal | Could result in disorderly conduct charges if it provokes a breach of peace |
| Officer stops/arrests solely for gesture | Not justified | Courts have ruled this is unconstitutional |
Sources:
1. https://collincountymagazine.com/2025/06/22/is-it-illegal-to-flip-off-a-cop-in-south-dakota-heres-what-the-law-says/
2. https://www.sdpb.org/arts-and-culture/2015-01-22/flipping-off-a-cop-is-legal
3. https://www.sdpb.org/news/2019-03-15/police-officer-cant-pull-over-driver-for-giving-him-the-finger-court-rules
