In Nebraska, it is not illegal to flip off a police officer. The act of raising your middle finger or making a rude gesture toward law enforcement is generally considered protected speech under the First Amendment of the U.S. Constitution. Multiple federal court decisions—including those from the Sixth Circuit and other jurisdictions—have affirmed that such gestures, while disrespectful, are a form of expressive conduct and not a criminal offense in themselves.
Legal Context
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Protected Speech: Courts have consistently ruled that flipping off a police officer, by itself, does not constitute a crime such as disorderly conduct or obstruction of justice, unless it is accompanied by additional behavior that actually disrupts public order or constitutes “fighting words”.
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No Nebraska Statute Prohibits the Gesture: There is no Nebraska law that specifically makes it a crime to make an obscene hand gesture at police officers. Nebraska’s laws on obscene materials (such as NE Code § 28-809) pertain to motion pictures and presentations, not hand gestures.
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Disorderly Conduct Exception: If the gesture is accompanied by threatening language, aggressive physical behavior, or actions that create a genuine disturbance, it could potentially lead to a disorderly conduct charge. However, the gesture alone, without more, is not enough.
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Practical Considerations
While it is your constitutional right, flipping off a police officer is likely to escalate the situation and may prompt the officer to look for other reasons to lawfully detain, cite, or arrest you. Officers may observe your conduct more closely and could issue citations for unrelated minor infractions if they occur.
Table: Flipping Off Police in Nebraska
| Action | Legal Status | Notes |
|---|---|---|
| Flipping off a police officer | Legal (protected speech) | Not a crime by itself |
| Flipping off + threatening/aggressive behavior | May be illegal (disorderly conduct) | Could result in charges if it escalates to threats or public disturbance |
| Officer response (retaliation) | Not lawful | Retaliatory stops/arrests for this gesture are unconstitutional |
Flipping off a police officer in Nebraska is not against the law and is protected by the First Amendment, as long as it is not accompanied by threats or conduct that genuinely disturbs the peace. However, doing so may provoke a negative reaction from law enforcement, so exercising this right is not always wise from a practical standpoint.
Sources
[1] https://www.wirthlawoffice.com/tulsa-attorney-blog/2021/04/can-i-legally-flip-off-the-police
[2] https://law.justia.com/codes/nebraska/chapter-28/statute-28-809/
[3] https://www.youtube.com/watch?v=FAolt2aJAAM
[4] https://noblesyanezlaw.com/more-on-flipping-off-the-cops/
[5] https://www.wakeforestlawreview.com/2019/09/as-free-as-a-bird-the-middle-finger-and-the-first-amendment/
