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

Published On: May 22, 2026

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

No, it is not illegal to flip off a police officer in Washington. Giving the middle finger is protected speech under the First Amendment of the U.S. Constitution, and you cannot be arrested or pulled over solely for making this gesture toward a police officer.

First Amendment Protection Is Clear

U.S. courts have firmly established that flipping the bird is a protected activity under the First Amendment. The only communications not protected by freedom of speech are “fighting words” like direct threats, and a simple middle-finger gesture does not qualify.

The landmark 2019 case Debra Lee Cruise-Gulyas v. Matthew Wayne Minard specifically addressed flipping off a police officer. The federal Court of Appeals for the Sixth Circuit ruled that the officer violated Cruise-Gulyas’s rights when he pulled her over for the gesture. The court cited the First, Fourth, and Fourteenth Amendments as protecting her hand gesture.

Circuit Judge Jeffrey Sutton wrote in the unanimous opinion: “Fits of rudeness or lack of gratitude may violate the Golden Rule. But that doesn’t make them illegal or for that matter punishable or for that matter grounds for a seizure”.

You Cannot Be Arrested Just for the Gesture

You should not be arrested or pulled over just for giving the middle finger, even if it’s in public or directed at a police officer. An officer cannot legally arrest you over a simple middle finger, and it does not give them the right to pull you over either. If an officer does arrest you for this gesture, you have grounds to hire a civil rights lawyer and fight it, as it is your First Amendment right.

Washington’s Disorderly Conduct Law

While the gesture itself is legal, Washington state’s disorderly conduct law can be interpreted on a case-by-case basis. The law includes:

Disorderly Conduct Criteria
Using abusive language to intentionally create a risk of assault
Intentionally disrupting any lawful assembly or meeting without lawful authority
Intentionally obstructing traffic without lawful authority
Engaging in fighting, tumultuous conduct, or unreasonable noise within 500 feet of a funeral

The lone act of flipping someone off should not be considered grounds for disorderly conduct.

Important Exceptions When You Could Get in Trouble

While flipping off a cop is legal by itself, there are situations where you could face charges:

Charge	When It Applies

Charge	When It Applies
Disorderly Conduct	If the gesture is part of a broader pattern of disorderly behavior or intended to provoke violence
Obstruction of Justice	If flipping off the officer disrupts their duties or leads to an altercation
Resisting Arrest	If the gesture escalates into an altercation during an arrest
Harassment/Assault	If combined with verbal threats or if the officer feels physically threatened

When paired with other actions like yelling, approaching aggressively, or interfering with an investigation, an officer may interpret your actions as breaking the law.

SOURCES:

https://www.tri-cityherald.com/news/state/washington/article285189407.html
https://ca.news.yahoo.com/trouble-giving-middle-finger-washington-183658111.html

Amos Todd

Amos Todd is a professional writer and blogger at RebelExpress.net. He specializes in community news, sports coverage, and feature stories. With a clear and engaging writing style, Amos is dedicated to delivering accurate information and meaningful content that keeps readers informed and connected.