Is It Illegal to Flip Off a Cop in Minnesota? Here's What the Law Says

Living in a bustling city like Minneapolis or navigating the scenic highways of Duluth, Minnesota, encounters with law enforcement are unavoidable.

While most interactions are pleasant, frustrations can arise during traffic stops, citations, or even when witnessing police activity.

In the heat of the moment, consider a universally recognized defiant gesture: the middle finger. But, before you unleash the bird, a critical question arises: Is it illegal to flip off a cop in Minnesota?

This blog post goes into detail about the laws in the Land of 10,000 Lakes that cover police interactions and body language.

We will talk about the First Amendment, discuss times when flipping the bird could get you in trouble, and offer different ways to show your disapproval.

The First Amendment and Non-Verbal Expression

There is a fundamental right to free speech in the United States Constitution, which is called the First Amendment.

This right includes more than just spoken words; it also includes body language and gestures. Even though it is rude, the middle finger can be seen as a way of communicating symbols.

Freedom of Speech: Does it Protect the Middle Finger?

Throughout American history, courts have had to decide where the lines are between free speech and making offensive gestures.

In Cohen v. California (1971), a landmark case, the Supreme Court said that it was okay to wear a jacket with an offensive slogan in a courthouse. The Court decided that even though the speech was hurtful, it did not call for violence or immediate illegal behavior.

The middle finger can also be used in this way. Federal courts have said over and over that the First Amendment protects snubbing someone, even a police officer.

The U.S. Court of Appeals for the Sixth Circuit said again in 2019 that the middle finger is rude but does not give police a reason to stop or arrest someone.

Legal Precedents: Court Cases Across the Country

Here are some key court rulings that have solidified the protection of the middle finger as free speech:

Texas v. Johnson (1989): The Supreme Court protected the right to burn the American flag as a form of protest.
Snyder v. Phelps (2011): The Court upheld the right of protestors at a soldier’s funeral to display signs with offensive messages.

These cases demonstrate a strong judicial recognition of the right to express oneself through non-verbal means, even if the expression is considered offensive.

When Flipping the Bird Becomes Illegal in Minnesota

Even though the First Amendment protects the right to insult someone, there are times when it could be illegal in Minnesota. This is why:

Disorderly Conduct and Harassing a Police Officer: According to Minnesota Statute 609.72, disorderly conduct is behavior that is rude or angry and causes problems with public order. Also, Minnesota Statute 609.713 says that you can not bother a police officer while they are doing their job.

It might be considered disorderly to scream obscenities at a police officer while walking down a busy street. Also, repeatedly slamming on the brakes on a police officer during a traffic stop could be seen as harassment, especially if it makes it hard for the officer to do their job.

Context Matters: Time, Place, and Manner: The Supreme Court has recognized limitations on free speech based on “time, place, and manner.” For example, you wouldn’t be allowed to yell fire in a crowded theater if it incites panic. Similarly, flipping off a police officer in a highly charged situation, like a riot, may not be protected speech.
The Importance of Intent: Was it Just Frustration or Something More?The intent behind the action is what the courts look at. A middle finger given out of anger during a traffic stop is probably okay. But if the person makes threats or acts aggressively, the gesture could be seen as an attempt to scare or block the officer, which could get them in trouble with the law.

Alternatives to Flipping Off a Police Officer

Though the First Amendment protects the act of insulting someone, it is better to think about what might happen and use a more positive tone when dealing with law enforcement. Here are a few other options:

Expressing Your Frustration Constructively:
- Calm and Respectful Communication: During a traffic stop or interaction with the police, remain calm and respectful. Explain your point of view clearly and without resorting to insults or gestures.
- Requesting a Supervisor: If you feel an officer is being unreasonable, politely request to speak to a supervisor.
- Filing a Complaint: If you believe an officer has acted inappropriately, you can file a formal complaint with the police department’s internal affairs unit.
Exercising Your Right to Record Police Encounters:
Minnesota is a one-party consent state for recording. This means you have the right to record a conversation with a police officer as long as you are part of the conversation. Recording the encounter can be a valuable tool for holding officers accountable and protecting your own rights.
Here are some tips for recording police encounters:
Inform the officer you are recording the interaction.
Use your phone’s camera app and hold it steady.
Speak clearly and narrate what is happening.

Conclusion

It is very important to know your rights under the First Amendment. Invoking those rights, however, does not require making rude gestures. Even though it is legal to yell at a police officer most of the time, it probably will not help and could make things worse.

Remember that the police are very important for keeping people safe. By treating interactions with the police with respect and finding healthy ways to vent your anger, you can protect your rights and make talking to the police more pleasant.

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