California roads can be interesting places and there is always a lot to keep in mind and practice as a driver. After all, if the wrong decision is made, there could be a car accident leading to a car insurance claim that could be a nightmare for future premiums.
At least in the case of an accident, there is a precedent set. There will usually need to be some level of compensation based on the proportion of negligence assigned.
What about flipping someone off? While it may be a form of expressive conduct, it most certainly is not an acceptable one. However, where does it stand from a legal standpoint? Will police officers make an arrest because a frustrated driver decided to flip another off? Here's a look at the essential details.
Dissecting the Act of Flipping Someone Off
Flipping another person off or being flipped off is almost a universally understood gesture, albeit a negative one. One person will show another the middle finger, which is associated with an intentional desire to convey rudeness to the other person.
In some cases, it has been enough to incite violence as the party on the receiving end of the gesture felt driven to rage. This could be the reaction of any average citizen and criminal charges for assault could follow the potential violent assault.
Why Might a Driver Flip Another Off?
One driver may make the offensive gesture towards another to convey a strong negative emotion for several reasons. For example, the driver being flipped off may have driven in an unacceptable way that may have been an inconvenience or even a close call for the driver doing the flipping off.
A potential occurrence is a narrowly missed accident because someone failed to use a turn signal or decided to brake check.
Think about the myriad of reasons one driver may use verbally offensive language towards another. These are all reasons why flipping the person off may occur instead.
Could This Be Seen as Harassment?
It would be difficult to make a harassment case here, as that would require some form of threatening or intimidating behavior. While there may be exceptions, there aren't many situations where it can be said that being shown a middle finger created a feeling of fear.
Discomfort, however, is another story. While it is true that the First Amendment does preserve the freedom of expression, there is still the matter of inappropriate behavior for which there may be ramifications.
As indicated before, it's not very difficult to imagine flipping off a person escalating into a situation that causes an incident for which there are formal charges.
Still, it wouldn't be the act of showing the finger itself for which legal ramifications were experienced.
Is Showing Someone the Middle Finger Legal in California?
People are allowed to stick up whichever of their five fingers they may desire in California as it is not a crime. As indicated here, the First Amendment provides a level of protection since this does fall under the expression of free speech or protected speech/expression.
There will not be a federal court case before the Supreme Court, which sees someone awaiting sentencing for showing a middle finger.
Bear in mind too that there have been rulings in which such acts, even towards police officers do not constitute any form of immediate breach or disorderly conduct.
Additionally, it is not an indication of any kind of threat or the possibility of criminal activity. Goss Law can adivse on other questions such as Can you sue for emotional distress California?
Defining Speech Under the First Amendment
The idea of "freedom of speech" has been mentioned a couple of times based on what has been laid out by the United States Constitution. A question that may arise here is what the definition of speech looks like.
For the purposes of the First Amendment, the concept of speech goes beyond verbal behaviors and can include the following:
Refusing to salute the flag
Wearing armbands or clothing that constitute a protest of something.
Using offensive words to political ends
Demonstrating a protest by engaging in symbolic behavior
Contributing money to political campaigns.
What Can a Police Officer Do?
Without a legitimate reason, there isn't much an officer can do that can stick. Even flipping an officer off directly may not be grounds for an arrest. However, this is still not an encouraged course of action as there may be other consequences.
For example, there are cases in which officers use their discretion when there may be traffic violations at play where people are simply let off with a warning. After flipping off an officer, if there is a legitimate violation at play, the likelihood of being charged or given a ticket is much higher. A criminal attorney in Sacramento CA can go over this in deatil.
"Fighting Words" Are Not Protected
As the person making offensive gestures such as the finger, the information here may convey the position that everything is legal even towards officers. However, it is advisable not to go out and start being rude.
Apart from the moral element, the First Amendment does not protect language that may be considered as "fighting words." This will extend to language that will lead to an immediate breach of peace.
Therefore, whenever there are offensive comments or profanity in the mix, there may be grounds for disorderly conduct.
Don't Foolishly Interact with the Police in an Offensive Manner
This cannot be reinforced enough. Bear in mind that different police officers react to different situations in a variety of ways and there may be different reasons why there are legal grounds for punishment in some form even if it's not for the finger itself that's being shown.
Even if there was nothing technically wrong that was done, fighting the matter in court may not be the best use of time. Goss Law aslo has information on what the Bane Act is in California.
Schedule Your Consultation with an Experienced Traffic Lawyer Today!
Flipping off someone may not be a crime, but it doesn't mean an officer will not try to take you in for it. Things get even worse if there are other offenses piled on after a traffic stop.
If you are facing a traffic law case, you need a Sacramento attorney who will passionately fight for you. Schedule your consultation today by calling!