The First Amendment protects freedom of speech very well in the United States. This includes many types of speech, even those that some people might find offensive.
One of these, “flipping off” someone with a hand gesture that everyone knows, might seem like a small thing, but it can get you in trouble with the law, especially if you do it to police.
People in Arizona and many other states want to know if it is against the law to spit on a police officer. How about we take a closer look?
The First Amendment and Freedom of Expression
There is freedom of speech protected by the First Amendment. This includes symbolic forms of speech like hand gestures. The U.S. Supreme Court has said over and over that this freedom includes ways of expressing yourself without words.
In Cohen v. California (1971), for example, the Supreme Court said that a person could wear a jacket with a rude anti-war message. The court stressed that the government should not stop people from expressing themselves just because some people find it offensive.
In the same way, the Supreme Court said in City of Houston v. Hill (1987) that people can tell police officers what they think and even insult them as long as they do not get in the way of their work.
According to this case, yelling at a police officer is usually protected as free speech as long as it does not get in the way of the officer’s job or involve any other illegal behavior.
Arizona’s Disorderly Conduct Law
People often talk about Arizona’s laws on disorderly conduct when they talk about behavior that could be offensive. Arizona Revised Statutes § 13-2904 says that disorderly conduct includes things like acting in a way that makes other people angry or upset.
But there has to be some kind of intent or behavior that threatens public order. If you just sneer at a police officer without making threats or getting in the way, that probably does not count as disorderly conduct.
In real life, the person probably will not be charged with a crime if they make the gesture from a distance and do not do anything else that is bothersome.
But if the person makes the gesture and then does something that gets in the way of an officer’s job, it could be seen as disorderly conduct.
What Could Happen in Practice
Heckling a police officer might not be against the law, but it could lead to real-life problems. As people, police officers might find the gesture offensive.
Many police officers are taught to keep their cool when they are insulted, but some may stop the person or start a conversation instead.
Any subsequent interaction should be based on a reasonable suspicion of a real crime, not on the gesture itself, as the First Amendment protects it.
Still, an officer could say that the person was not cooperating or was being disruptive, which could lead to a short detention or even a ticket for disorderly conduct.
These kinds of actions might not always hold up in court, especially if the only “crime” was flipping the bird.
What the Courts Say
Most courts have upheld the right to spit on police officers, saying that even though it is rude, it does not really put people in danger.
The 2013 case Crucey v. Jackson is a good example. In that case, a federal court said that police could not arrest someone for being rude because it was protected speech.
Conclusion
It is likely legal in Arizona and most of the U.S. to insult a police officer because of the First Amendment. But people should be aware of the reactions they might get from others.
Even if it is not against the law, the gesture could get you extra attention or a short encounter with the police.
If you want to stay away from the police, yelling at them might not be the best thing to do. But from a legal point of view, the gesture itself is generally safe, as the U.S. Constitution protects a lot of different kinds of free speech.
Also see:-Is It Illegal to Leave Your Pet Chained Outside in Washington? Here’s What the Law Says
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