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

Posted by Tim Lee March 7, 2025
Is It Illegal to Flip Off a Cop in Hawaii? Here's What the Law Says
Based on the available information, flipping off a police officer in Hawaii is not illegal in itself, as it is considered a form of protected speech under the First Amendment. However, the context and accompanying behavior can potentially lead to legal consequences.

Constitutional Protection

The act of flipping off a police officer falls under the protection of the First Amendment, which safeguards free speech. Courts in the United States have consistently upheld that non-threatening gestures, even if offensive, are part of one’s expressive rights. This legal interpretation extends to Hawaii as part of the United States.

Hawaii-Specific Laws

While Hawaii does not have a law specifically addressing the act of flipping off a police officer, there are related statutes that could potentially be applied depending on the circumstances: Disorderly Conduct Hawaii’s disorderly conduct law (Title 37 §711-1101) prohibits actions performed with the intent to cause physical inconvenience or alarm, including:
  • Making unreasonable noise
  • Creating a hazardous or physically offensive condition
  • Subjecting another person to offensively coarse behavior or abusive language likely to provoke a violent response
Harassment Under Title 37 §711-1106, it is illegal to insult, taunt, or challenge someone, or use offensive language in a way that makes them reasonably believe the harasser will cause bodily harm.

Potential Consequences

While flipping off an officer alone is not grounds for arrest, it may lead to increased scrutiny or other consequences:
  1. The officer may use the gesture as a reason to initiate contact and investigate for other potential violations.
  2. If accompanied by threatening behavior or language, it could escalate to charges like disorderly conduct or harassment.
  3. The action might provoke the officer to look more closely for other violations, such as traffic infractions.

Legal Precedent

Federal courts have ruled that flipping off a police officer is protected speech. For example, the U.S. Court of Appeals for the 2nd Circuit stated that the “ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity”. While flipping off a police officer in Hawaii is not illegal on its own, it’s generally advisable to avoid such confrontational behavior. The gesture itself is protected speech, but accompanying actions or the context of the situation could potentially lead to legal issues under Hawaii’s disorderly conduct or harassment laws. Sources
  1. https://www.performance-protocol.com/post/is-it-illegal-to-flip-off-a-cop-examining-the-legal-and-social-implications
  2. https://www.stopstreetharassment.org/wp-content/uploads/2013/12/SSH-KYR-Hawaii.pdf
  3. https://www.avvo.com/legal-answers/is-it-illegal-to-give-the-middle-finger-to-a-polic-1267194.html
  4. https://www.aerlawgroup.com/blog/what-happens-if-i-flip-off-a-cop/
  5. https://www.policemag.com/patrol/news/15338055/court-flipping-off-cops-is-constitutional