christiefan915
Catalyst
Actually, there are:
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fighting words
www.law.cornell.edu
There are limits to speech. You can use words to incite and in most cases these can be found sufficiently inflammatory to warrant actions under law.
I have a friend who was charged with disorderly conduct after flipping off a cop, and the judge dropped the charges... free speech.
Your Right to Expressive Conduct
The act of โflipping the birdโ at a police officer is considered a form of expressive conduct protected by the First Amendment. Courts have consistently affirmed that criticism of government officials, including law enforcement, is a component of free speech, even when conveyed through a gesture many find disrespectful. This legal shield means that the gesture alone, without other escalating factors, is not a sufficient reason for an arrest or police stop.The legal reasoning for this protection is that police officers are expected to show a higher degree of restraint than an ordinary citizen. Federal courts, including the Sixth Circuit Court of Appeals, have ruled that an obscene gesture by itself does not constitute a criminal act or provide a lawful basis for detention. In the case of Cruise-Gulyas v. Minard, the court noted that while rudeness may violate social norms, it does not make the act illegal or punishable by law.
This protection prevents authorities from suppressing distasteful expression to ban unpopular viewpoints. A simple, non-threatening gesture toward an officer is recognized as a form of communication that falls under constitutionally protected speech.
Is It Illegal to Flip Off a Police Officer?
Making an offensive gesture at police is generally protected speech, but the legality often depends on the surrounding actions and context.
legalclarity.org
