Some people demonstrate their rage toward police officers by using controversial hand signs such as “flipping the bird.”
But is it truly against the law in South Carolina to do something that many people consider unpleasant or disrespectful? Let’s take a look at the law in the Palmetto State.
Understanding Free Speech and the First Amendment
The First Amendment to the United States Constitution protects free expression, which includes making gestures such as “the middle finger” to express how you feel. Across the country, courts have regularly ruled that this type of speech is protected, even if it is offensive.
In Cohen v. California (1971), the Supreme Court ruled that objectionable body language is a kind of expression protected by the First Amendment.
South Carolina’s Legal Perspective
Like other states, South Carolina does not have legislation making it illegal to sneer at anyone, including a police officer.
However, the circumstances surrounding the gesture can complicate matters. Police officers may perceive these behaviors as part of a larger pattern of disruptive behavior, which could result in additional charges.
Possible charges for flipping off a cop
While being disrespectful to a police officer is not unlawful in and of itself, it may result in charges in specific scenarios, such as:
Disorderly Conduct: According to South Carolina law, disorderly conduct includes behaviors that disrupt the peace, disturb others, or incite others to fight. If your actions exacerbate the situation or spark a brawl, an officer may issue you a ticket.
Obstruction of Justice: If the person makes the gesture and then does something that interferes with an officer’s duties, it may be considered obstruction.
Breaching the Peace: In South Carolina, a breach of peace is defined as any activity that is likely to produce public commotion. A single middle-finger motion is unlikely to achieve this requirement unless it poses a significant problem.
Your Rights Versus Officer Reactions
Even though you have the right to free speech, police officers may find what you’re doing rude or objectionable. Even if no laws are broken, this can result in undesirable encounters.
Police officers can stop and question you. These stops should be legal, but they can escalate if not handled properly.
What to do if you are confronted?
If you are in difficulty with the law for disrespecting a police officer, bear the following points in mind:
- Keep Calm: Avoid aggravating the situation.
- assert your rights: If you’re detained or questioned, politely ask if you can leave.
- Document the incident: If your jurisdiction allows it, record interactions.
Seek Legal Help: If charges are filed, contact an attorney who specializes in constitutional law.
Conclusion
In South Carolina, criticizing a police officer is not necessarily unlawful due to First Amendment safeguards. However, what transpired and how others reacted to what you did can have legal ramifications.
You have the right to say whatever you want, but being polite and mindful can help prevent things from being worse than they already are.
