What does the law say about giving the middle finger to police in Texas? What to know
It’s understandable behavior to be upset if you’ve been pulled over and received a speeding ticket. It’s also understandable — though arguable in the court of law — to want to give the middle finger to the officer who gave you a ticket.
You might have to explain to a judge why you flipped the bird, but in Texas, it’s legal as long as it doesn’t violate disorderly conduct laws.
What does the law say about the middle finger?
According to the Texas Penal Code, 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. Beltz Law Group of Garland, Texas, mentions that 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.
“The most common example is a person that flips off a police officer or another driver on the highway,” Beltz Law Group said. “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.”
More: Man who flipped off Delaware State Police wins $50,000 judgment
A Texas middle finger case
In 2012, Lance Brown filed an action against Shawn Wilson, an officer in Williamson County, for alleged violations of his civil liberties during a traffic stop.
According to the Brown V. Wilson case, Brown alleges he used his middle finger as non-verbal communication and received a citation from Deputy Wilson for disorderly conduct as a result. Brown crumpled up the citation upon receipt, which caused Wilson to place him in handcuffs. The court ruled that Brown did not violate any disorderly conduct laws.
The history of the middle finger
The “offensive” gesture traces back to a biographer of Greek philosophers — Diogenes Laertius. According to studies, “When Diogenes heard mention of statesman and orator Demosthenes, he gave a middle finger and cried out facetiously, ‘There goes the demagogue of Athens!’ Diogenes was not a fan of Demosthenes, and wasn’t shy about expressing his disdain verbally and manually.”
Other history points out more graphic details of what flipping the bird meant back then.
Famous Texan flipping the bird
Former president George W. Bush once gave a news camera the finger when he won the governorship of Texas in 1994. Bush said it was “just a one-finger-victory salute,” but some could consider it a jab at his political rival, former Texas Governor Ann Richards.
While showing the middle finger isn’t illegal in Texas, it should be used responsibly.
This article originally appeared on Austin American-Statesman: Is it illegal to give police the middle finger in Texas?
