Question

What is the name of your state? NC

This may seem like a stupid question but someone told me a person could get arrested for flipping someone off, is this true?

A law against giving somebody the bird would probably be unconstitutional via the 1st Amendment.

No, it wouldn't. A few years ago, a man was Kayaking up near Brevard. He tumped over and, naturally, started cussing. (That water STAYS cold). Well, there were families within shouting distance. He was cited for profanity. He tried to fight it, and lost.

So, I doubt you will get arrested, but you *could* get ticket. I can just see the cops sitting on 85 or 77 with a line of cars a mile long, giving out tickets for flipping the bird.

here's some flipping information

http://www.chiprowe.com/articles/legal-history-finger.html

Okay, I like the beer frog with 4 fingers. It's a reasonable defense!

mommyof4 said:

No, it wouldn't. A few years ago, a man was Kayaking up near Brevard. He tumped over and, naturally, started cussing. (That water STAYS cold). Well, there were families within shouting distance. He was cited for profanity. He tried to fight it, and lost.

So, I doubt you will get arrested, but you *could* get ticket. I can just see the cops sitting on 85 or 77 with a line of cars a mile long, giving out tickets for flipping the bird.

Click to expand...

I know of that case, but flipping somebody off is distinguishable from yelling profrane language. The former is a hand gesture that in no way disturbs the public at large, while the latter could cause a disturbance. Also, the opinion being expressed with a hand gesture is probably subject to more protection than randomly yelling obscenities at nobody or nothing in particular after falling in a river. Last, the case you point to did not make it to the Supreme Court. That ticket may not have been upheld. If you do some research, you'll find some interesting cases...for example, there is one in which a man was given a citation for wearing a jacket in a courthouse that read "F**K THE DRAFT" on the back for all to see. The Supreme Court threw out the ticket....freedom of speech.

You say that somebody *could* get a ticket. Does that mean you know of a law that forbids giving somebody the bird? Just curious.

Actualy if it is considered obscenity or fighting words then yes you could be arrested. Obscenity and fighting words are NOT protected speech. Ask Chaplinsky who was arrested for calling a New Hampshire cop a "g-d racketeer". It was upheld by the US Supreme Court.