Not that you would ever want to commit such an act, but a law group in Garland says "yes," citizens are allowed to give police officers in Texas the middle finger.
You shouldn't, but there are a few caveats that make this practice legal.
Beltz Law Group in Garland states that as long as flipping the bird does not violate disorderly conduct laws, the act is protected under the first amendment.
According to the Austin American-Statesman, the Texas Penal Code states that disorderly conduct includes the making of an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace.
As long as the flipping of the bird wasn't an invite to fisticuffs or other threats of violence, it remains a first amendment right.
Beltz Law Group explained, "The most common example is a person that flips off a police officer or another driver on the highway. The question then becomes, was this conduct so offensive that the gesture or display in a public place tends to incite an immediate breach of the peace? At its first reading, one can be led to believe that anything could be seen as a 'breach of the peace.'
"However, the Supreme Court has clearly outlined that in order to rise to the level of a breach of the peace that the language must be 'fighting words' meant to incite violence against another."
LISTEN on the Audacy App
Sign Up and Follow 100.3 JACK-FM
Facebook | Twitter | Instagram
