Is Flipping Off A Texas Police Officer Legal Now?

I was driving through Dallas, TX recently and saw some guy give a passing police car a defiant middle finger. That had me wondering if you can legally give "the bird" to a cop.

Is It legal or illegal to do it?

First off, if you decide to flip off a Texas police officer you're probably gonna bring unwanted attention to whatever it is you're doing -- even if it's nothing.  But can you get in legal trouble for directing that pesky middle finger of yours toward an officer of the law?

While I'm pretty sure we'll all agree it's not the wisest decision to make, the First Amendment does allow every single frustrated Texan and American the right to do it. That's correct, you are well within your right to raise a middle finger, and even to cuss out a cop.

But heads up, be careful what you say during your tirade. Saying something that could be interpreted as "fighting words" or lobbing out threats to a police officer is not protected under the free speech law.

Speech that incites violence in another or in a crowd is not protected. Those are considered “fighting words” and, as such, are not protected. - The Rodriguez Law Group

And if you plan on engaging a servant of the law as such you should also keep in mind that using foul language could be considered disorderly conduct or a criminal threat. In that case, they will most likely be ticketed or arrested.

When cursing at the police contains threats, it is no longer protected speech. Therefore, while calling the police a name is protected, threatening to “get you” may not be.  - The Rodriguez Law Group

While it is a police officer's job to keep their communities safe, remember that officers who are annoyed or feel threatened know how to use the law to deliver maximum fines and sentences.