No, it is not illegal to flip off a police officer in Vermont—it’s protected speech under the First Amendment and Vermont Constitution. A high-profile 2024 settlement reinforced this, awarding $175,000 to a man arrested for the gesture after a traffic stop.
The Landmark Gregory Bombard Case
In 2018, Vermont State Trooper Jay Riggen pulled over Gregory Bombard in St. Albans, initially mistaking a cigarette light for a middle finger. After releasing him, Bombard cursed, flipped off the trooper, and drove away, prompting a second stop and arrest for disorderly conduct under 13 V.S.A. § 1030.
Bombard sued in 2021 with the ACLU of Vermont and FIRE, alleging First Amendment retaliation. The state settled in June 2024 for $100,000 in damages plus $75,000 in fees, without admitting wrongdoing. Dashcam footage showed the trooper admitting the gesture as the basis for arrest.
Vermont Disorderly Conduct Law Explained
Vermont’s disorderly conduct statute (§ 1030) prohibits making unreasonable noise, using abusive language likely to provoke violence, or disrupting lawful assemblies “with intent to cause public inconvenience.” Courts consistently rule that rude gestures or profanity alone—absent threats or fighting words—do not qualify.
U.S. Supreme Court precedents like Cohen v. California (1971) protect offensive speech, including vulgarity toward officials. Vermont follows this: flipping off cops is not “fighting words” unless it incites imminent violence.
When Gestures Could Cross the Line
Protected: Isolated middle finger, cursing from a car, or protesting during a stop. Not protected: Accompanied by threats, blocking traffic, or repeated harassment creating a safety risk (e.g., veering into oncoming lanes).
Police training gaps were highlighted; Vermont State Police now emphasizes First Amendment awareness post-settlement.
Practical Advice
Film interactions if safe, but don’t interfere. If arrested, invoke rights calmly. The Bombard case chilled no further suits from him but signals police accountability. Consult Vermont Legal Aid or ACLU for issues.
SOURCES :
- https://lawandcrime.com/lawsuit/cursing-at-cops-isnt-a-crime-man-jailed-for-flipping-off-vermont-state-trooper-settles-case/
- https://www.fire.org/news/lawsuit-vermont-man-sues-after-being-arrested-flipping-police
