No, it is not illegal to flip off a cop in West Virginia. This gesture is considered protected free speech under the First Amendment of the U.S. Constitution. The U.S. Supreme Court has ruled that flipping the middle finger to police officers is a form of constitutionally protected expression nationwide.
However, a recent incident in West Virginia highlights that some officers may still attempt to unlawfully arrest individuals for this gesture:
In February 2023, a man named Corey Lambert was pulled over in Martinsburg, West Virginia, after he gave the middle finger to two police officers. The officers claimed the stop was for “improper hand display,” but Lambert has filed a federal civil rights complaint alleging that the cops violated his First and Fourth Amendment rights during this traffic stop.
It’s important to note that while flipping off a police officer is legally protected, it may still lead to confrontations or potential harassment. Officers might attempt to justify a stop or arrest using other pretexts, such as disorderly conduct. Additionally, such gestures could escalate tensions in police interactions.
While citizens have the constitutional right to express themselves in this manner, it’s generally advisable to exercise caution and consider alternative ways to voice criticism or disapproval of law enforcement actions.
Sources:
- https://www.courthousenews.com/judge-overturns-verdict-against-man-who-flipped-off-cop/
- https://z94.com/oklahoma-flipping-off-police/
- https://atlantablackstar.com/2025/02/17/bodycam-footage-shows-west-virginia-cops-arrest-man-for-middle-finger/
- https://www.findlaw.com/legalblogs/criminal-defense/do-you-have-the-right-to-flip-off-cops/
- https://www.youtube.com/watch?v=UPbWJttRtvw
