Is it illegal to give the police the middle finger? Georgia law is very clear about it

Nearly everyone, at one time or another, has flipped someone the bird, whether they like to admit it or not. Despite being ill-advised, and kind of rude, it is not illegal to give a policeman, or any law enforcement for that matter, the middle finger.

The bird, on its own, is not enough to cause an officer to arrest or ticket you. Also, just the finger (or fingers) can’t get you pulled over or be the sole justification of a traffic stop, advises the legal website FindLaw .

The debate was settled once and for all by the Georgia Supreme Court in October 2017. It began, however, when a Flowery Branch, Georgia, man stood up during a church service and offered his middle finger to the standing teachers as they were being honored.

He shouted at the 50 or so teachers, “sending children off to the evil public schools and having them raised by Satan.” David Freeman was charged with disorderly conduct, sentenced to 12 months of probation and fined $270.

The courts have spoken

A pretty lengthy court battle ensued over the gesture itself. Freeman appealed his conviction, arguing the charge of “disorderly conduct” was too vague to be applied in this instance, according to Criminal Legal News , a project of the Human Rights Defense Center.

He chased the appeals process all the way to the Georgia Supreme Court, which rejected his arguments, unilaterally. However, all was not lost for Mr. Freeman. While the court didn’t agree with his interpretations of “disorderly conduct” and “fighting words,” it did deem the expression was protected by the constitution.

It’s our First Amendment right

There are many precedents in this matter, but ultimately it is a form of protected speech and doesn’t meet t he criteria for disorderly conduct in Georgia.

The 6th Circuit Court of Appeals ruled in Cruise-Gulyas v. Minard that “any reasonable officer would know that a citizen who raises her middle finger engages in speech protected by the First Amendment,” and therefore cannot make an arrest based solely on that criteria alone .

Flipping someone the bird while riding in a car is also fine and within the law, and does not create reasonable suspicion to justify a traffic stop. You are welcome to wave those birds around and the police can’t pull you over, based on that.

There is a little bit more to it, however.

The hand gesture itself may be protected, but combined with other factors such as threats, refusing to comply or unruly behavior could escalate to a misdemeanor crime .

Just because it is protected under constitutional law, that doesn’t immunize the person from more intervention by law enforcement, especially if it is the catalyst for more problematic behavior.

Have you ever suffered any consequences for giving someone the bird? Sound off in the comments, or you can email me and find me on Instagram .

Is GA’s new Taco Bell/Cheez-It collab giving us the snack of the summer? I tried them both

Show your receipt at Walmart, or else. Georgia law sides with the stores on this one