Flipping off a police officer—also known as making an obscene hand gesture or “giving the finger”—is often seen as disrespectful and provocative. Many people assume that doing so can lead to immediate arrest. But what does the law in Wisconsin actually say? The answer lies at the intersection of constitutional rights and local law enforcement discretion.
Protected Free Speech Under the First Amendment
Freedom of Expression: In the United States, including Wisconsin, the First Amendment of the U.S. Constitution protects a wide range of speech and expressive conduct—even if it’s offensive. This includes gestures like the middle finger. Federal courts across the country have repeatedly ruled that flipping off a police officer is a form of symbolic speech and is therefore protected.
Wisconsin’s Constitution: The state’s own constitution reinforces these protections. Non-verbal expressions like hand gestures fall under the category of free speech, so long as they don’t cross into illegal behavior such as threats or harassment.
When Flipping Off a Cop Could Be Considered Illegal
Although the gesture itself is protected speech, the context in which it’s made matters a great deal. Police in Wisconsin may still take action under certain laws, particularly if your behavior includes other disruptive or unlawful elements.
Disorderly Conduct (WI Statute 947.01):
This statute broadly covers behavior that tends to cause a disturbance, including violent, indecent, or boisterous conduct. If flipping off a cop is part of shouting, inciting a crowd, or threatening behavior, it could lead to a disorderly conduct charge.
Escalation or Harassment:
If the gesture is paired with threatening language, aggressive behavior, or if it interferes with an officer’s official duties, the situation may escalate to more serious charges such as obstruction or harassment.
Location and Context:
The setting matters. For example, doing this in a quiet public space without causing a scene is more likely to be viewed as protected expression. But during a heated encounter or in front of a crowd, it may be interpreted as an attempt to provoke or escalate tensions.
Potential Legal Consequences
Class B Misdemeanor:
Disorderly conduct in Wisconsin is classified as a Class B misdemeanor, which can result in up to 90 days in jail and a $1,000 fine. In some cases, if the behavior is repeated or directed specifically at someone, additional penalties may apply.
Officer Discretion:
Police officers have discretion in deciding whether to issue a citation or make an arrest. Even if charges are later dropped, you could still face the inconvenience of an arrest, legal fees, and time in court.
Real-World Risks:
While the gesture might be legal, it’s often unwise. It can escalate an already tense interaction, potentially leading to more serious legal problems—even if you’re ultimately protected by the law.
What to Do If You’re Cited or Arrested
- Remain Calm: Do not argue, resist, or attempt to flee. These actions can result in more serious charges.
- Document the Incident: If safe, record the interaction or ask bystanders to act as witnesses.
- Seek Legal Counsel: Contact an attorney with experience in Wisconsin criminal law. Many courts will dismiss charges that stem solely from expressive conduct, especially if no broader disturbance occurred.
Final Thoughts
In Wisconsin, flipping off a police officer is not automatically illegal and is generally considered protected speech under both state and federal law. However, if the gesture is made in a way that disrupts the peace, threatens violence, or interferes with law enforcement duties, it could lead to legal trouble.
Your rights give you the freedom to express yourself—even in unpopular ways—but they don’t guarantee freedom from all consequences. Think carefully before making such a gesture in a charged situation, and know your legal protections in case you find yourself cited or arrested.
