In Delaware, as in the rest of the United States, flipping off a police officer is generally considered protected speech under the First Amendment. Courts have consistently ruled that non-threatening gestures, even if offensive, are part of one’s expressive rights and do not provide a lawful basis for a stop or arrest by the police.
However, there have been instances where police officers have attempted to punish individuals for such gestures. For example, Jonathan Guessford was involved in a high-profile case where he was cited for an improper hand signal after flipping off Delaware state troopers. The citation was later dropped, and Guessford received a $50,000 settlement after suing the police for violating his constitutional rights.
While flipping off a cop is not illegal in itself, accompanying actions that could be perceived as threatening or disorderly might lead to charges like disorderly conduct. The key legal principle is that the gesture alone, without additional threatening behavior, is protected by the First Amendment.
Flipping off a cop in Delaware is not illegal if it is a non-threatening gesture, but it can lead to confrontations and potential legal issues if other actions are involved.
Sources:
- https://www.businessinsider.com/delaware-police-plotted-phony-charges-guy-who-gave-middle-finger-2023-8
- https://www.techdirt.com/2023/09/20/delaware-state-police-pay-50000-to-man-troopers-ticketed-for-flipping-them-off/
- https://reason.com/2023/08/14/cops-invented-a-reason-to-cite-man-who-flipped-them-off
- https://abovethelaw.com/2023/09/delaware-state-police-pay-50000-to-man-troopers-ticketed-for-flipping-them-off/
