# Felony rude. **URL:** \ **Category:** Factual Questions\ **Created:** [January 12, 2007, 8:24pm UTC](https://boards.straightdope.com/t/felony-rude/387746 "2007-01-12T20:24:37Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [January 12, 2007, 8:24pm UTC](https://boards.straightdope.com/t/felony-rude/387746/1 "2007-01-12T20:24:37Z")
Once and for all, is it specifically _illegal_ anywhere in the US to swear at, call dirty names, give the finger to, show lack of respect for or otherwise be rude to a police officer? I’ve heard anecdotel stuff, and been vaguely warned, but never have I found a specific law concerning the practice. One wannabe cop (electrician, irl) told me that I could be charged with interferring with a po in the … That’s bs, and not what I’m asking. Trumping something up doesn’t count. I know there are a couple cops on forum and I’d like to hear from them. No threats, please. 😉 Peace, mangeorge ---
**Author:** ![Ethilrist](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ethilrist/32/4604_2.png) [@Ethilrist](https://boards.straightdope.com/u/Ethilrist)\ **Post date:** [January 12, 2007, 8:31pm UTC](https://boards.straightdope.com/t/felony-rude/387746/2 "2007-01-12T20:31:30Z")
If there’s a crowd, maybe it’s inciting? ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [January 12, 2007, 8:36pm UTC](https://boards.straightdope.com/t/felony-rude/387746/3 "2007-01-12T20:36:13Z")
Other than the aforementioned “Contempt of Cop,” I don’t think so. The courts have ruled specifically that “a peace officer’s peace can’t be disturbed,” which rules out most of the “Disturbing the Peace” charges. If there are laws against the public use of profanity in mixed company, then they have a legit charge. ---
**Author:** ![Shagnasty](https://avatars.discourse-cdn.com/v4/letter/s/9dc877/32.png) [@Shagnasty](https://boards.straightdope.com/u/Shagnasty)\ **Post date:** [January 12, 2007, 8:36pm UTC](https://boards.straightdope.com/t/felony-rude/387746/4 "2007-01-12T20:36:47Z")
I was on a double-date once where the other female (in New Orleans) asked a pair of cops for a light on her cigarette and then flipped him off when he rebuffed her. His female partner decided that was more than enough reason to grab her arms and then slam her into a wall. She resisted and ended up on the ground being manhandled by the both of them and soon taken to jail. I don’t even know what the charge was and it was eventually dropped since her father was a talk radio host. I think they claimed it was for public drunkeness (how would you tell something like that in New Orleans when 93.7% of the people around you are drunk). I think they can probably find something if they want. ---
**Author:** ![Q.E.D](https://avatars.discourse-cdn.com/v4/letter/q/51bf81/32.png) [@Q.E.D](https://boards.straightdope.com/u/Q.E.D)\ **Post date:** [January 12, 2007, 8:51pm UTC](https://boards.straightdope.com/t/felony-rude/387746/5 "2007-01-12T20:51:27Z")
There have been ordinances passed in various jurisdictions which have attempted to make unlawful the act of cursing at or using obscene language to a police officer, but for the most part, they tend to get struck down when challenged as being too broad and violative of First Amendment rights. An example [here](http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=415&invol=130). > [@](#): > > _It shall be unlawful and a breach of the peace for any person wantonly to curse or revile or to use obscene or opprobrious language toward or with reference to any member of the city police while in the actual performance of his duty._ The US Supreme Court ruled that: > [@](#): > > In sum, 49-7 punishes only spoken words. It can therefore withstand appellant’s attack upon its facial constitutionality only if, as authoritatively construed by the Louisiana Supreme Court, it is not susceptible of application to speech, although vulgar or offensive, that is protected by the First and Fourteenth Amendments. Cohen v. California, 403 U.S. 15, 18 -22 (1971); Terminiello v. Chicago, 337 U.S. 1, 4 -5 (1949); Gooding v. Wilson, supra, at 520. Since 49-7, as construed by the Louisiana Supreme Court, is susceptible of application to protected speech, the section is constitutionally overbroad and therefore is facially invalid. ---
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [January 12, 2007, 8:51pm UTC](https://boards.straightdope.com/t/felony-rude/387746/6 "2007-01-12T20:51:33Z")
Yeah, it seems that it’s as I thought. They’d have to come at it obliquely. If I were younger, or braver, I’d give a test. ---
**Author:** ![Peanuthead](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peanuthead/32/360_2.png) [@Peanuthead](https://boards.straightdope.com/u/Peanuthead)\ **Post date:** [January 13, 2007, 8:50am UTC](https://boards.straightdope.com/t/felony-rude/387746/7 "2007-01-13T08:50:08Z")
[QUOTE=mangeorge] If I were younger, or braver, I’d give a test. [/QUOTE] And this is the guy who signs his posts “ **Peace** , Mangeorge”. 😃 ---
**Author:** ![Tuckerfan](https://avatars.discourse-cdn.com/v4/letter/t/eada6e/32.png) [@Tuckerfan](https://boards.straightdope.com/u/Tuckerfan)\ **Post date:** [January 13, 2007, 9:57am UTC](https://boards.straightdope.com/t/felony-rude/387746/8 "2007-01-13T09:57:46Z")
I’ve seen a video of a guy walking up to a cop, flipping the cop off, and the cop promptly responding by beating the guy with his billy club. :eek: Flipping a cop off or cursing at one is really stupid, since the cop can argue that your behavior was threatening, or that you seemed to be impared (and thus potentially under the influence of illegal substances), and use that as an excuse to at the very least inconvience you, and at worst, arrest you. Few, if any people, are completely familiar with _all_ laws, and it’s entirely possible that you could unknowningly be breaking some obscure ordinance, which the cop uses to arrest you or issue you a ticket. If you’re polite to an officer, most of them will ignore minor violations of the law you might be committing, piss them off, and they’ll slap you with a ticket or arrest you. ---
**Author:** ![EvilGhandi](https://avatars.discourse-cdn.com/v4/letter/e/f17d59/32.png) [@EvilGhandi](https://boards.straightdope.com/u/EvilGhandi)\ **Post date:** [January 13, 2007, 10:16am UTC](https://boards.straightdope.com/t/felony-rude/387746/9 "2007-01-13T10:16:38Z")
Doubt it. To qualify, unlike **mangeorge** I have been younger and well, in lieu of braver I was stupider. Note “stupider” is the word of choice here. Really **mangeorge** what is it you need to prove to yourself? In my case I was stopped for what I believed at the time was for no cause. Just some kid walking home, what? you got no one else to pick on? So me being me, I mouthed the officer, he being he, tried to detain me for an “interview”. Me still being me told him in no uncertain terms that unless I was under arrest I was leaving. Him being him, told me I was being detained for an interview. At this time I interviewed the officer to a right hook. _SHORTLY_ there after I became aquainted with several members of HPD, well their fists any way. Long story short, I was convicted of misdemeanor assault sentenced to 90 days in OCCC and was out in 30 days. Moral, yea the cop was being an ass, but if I just showed him my ID and kissed his ass a little I wouldn’t have this nagging tick in my jaw 25 years later. But no, I duked a couple of cops and was an actual competive boxer at the time “never had to register my hands LOL” Worse case, misdemenor assault. ---
**Author:** ![EvilGhandi](https://avatars.discourse-cdn.com/v4/letter/e/f17d59/32.png) [@EvilGhandi](https://boards.straightdope.com/u/EvilGhandi)\ **Post date:** [January 13, 2007, 10:39am UTC](https://boards.straightdope.com/t/felony-rude/387746/10 "2007-01-13T10:39:30Z")
Err, that didnt post well. The point I was trying to get across, is no felony. ---
**Author:** ![Captain\_C](https://avatars.discourse-cdn.com/v4/letter/c/e5b9ba/32.png) [@Captain\_C](https://boards.straightdope.com/u/Captain_C)\ **Post date:** [January 13, 2007, 11:47am UTC](https://boards.straightdope.com/t/felony-rude/387746/11 "2007-01-13T11:47:05Z")
I seem to remember a case a few years ago where a man was arrested for swearing in front of women and children (apparently there was some really old law on it). It held in court. If it was a female police officer, I bet that law could be applied. ---
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [January 13, 2007, 5:29pm UTC](https://boards.straightdope.com/t/felony-rude/387746/12 "2007-01-13T17:29:38Z")
[QUOTE=Captain\_C] I seem to remember a case a few years ago where a man was arrested for swearing in front of women and children (apparently there was some really old law on it). It held in court. If it was a female police officer, I bet that law could be applied. [/QUOTE] I kinda remember that. They were in or around a river, right? I think the guy was ranting and raving and refused to stop. The joys of booze, I guess. I doubt that the law was challenged. Many local ordinances remain until tested. Vagrancy laws, for example. And speed traps. But specific laws barring rudeness to the police (thanks Q.E.D.) haven’t faired well. That was my question. Of course cops, using the authority granted them, can subvert the law if they feel frustrated. Peace, mangeorge ---
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [January 13, 2007, 5:44pm UTC](https://boards.straightdope.com/t/felony-rude/387746/13 "2007-01-13T17:44:39Z")
[QUOTE=EvilGhandi] Really **mangeorge** what is it you need to prove to yourself? [/QUOTE] Whether or not my action would be illegal. I’d just give the guy the guy the finger, in front of a Winchell’s or Dunkin’ Donuts waitress (server), then keep on walking. 😉 Does DD still have those kick-butt bismarks? ---
**Author:** ![anson2995](https://avatars.discourse-cdn.com/v4/letter/a/c77e96/32.png) [@anson2995](https://boards.straightdope.com/u/anson2995)\ **Post date:** [January 13, 2007, 6:36pm UTC](https://boards.straightdope.com/t/felony-rude/387746/14 "2007-01-13T18:36:57Z")
[QUOTE=mangeorge] Once and for all, is it specifically _illegal_ anywhere in the US to swear at, call dirty names, give the finger to, show lack of respect for or otherwise be rude to a police officer? [/QUOTE] Some of the things you describe woul be illegal in New York, under criminal code 240.20 - Disorderly Conduct. (bolding is mine) > [@](#): > > Section 240.20 Disorderly conduct > > A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof: > > 1. He engages in fighting or in violent, tumultuous or threatening behavior; or > > 2. He makes unreasonable noise; or > > \*\* 3. In a public place, he uses abusive or obscene language, or makes an obscene gesture; or\*\* > > 1. Without lawful authority, he disturbs any lawful assembly or meeting of persons; or > > 2. He obstructs vehicular or pedestrian traffic; or > > 3. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or > > 4. He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose. > > Disorderly conduct is a violation. And FWIW, I’d wager that in many circumstances, you’re going to get a less forceful reply from cursing at a cop that cursing at some other random person. Try it in a pub. 😉 ---
**Author:** ![Bear\_Nenno](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bear_nenno/32/3358_2.png) [@Bear\_Nenno](https://boards.straightdope.com/u/Bear_Nenno)\ **Post date:** [January 13, 2007, 7:04pm UTC](https://boards.straightdope.com/t/felony-rude/387746/15 "2007-01-13T19:04:08Z")
[QUOTE=mangeorge] Yeah, it seems that it’s as I thought. They’d have to come at it obliquely. If I were younger, or braver, I’d give a test. [/QUOTE] I _did_ give it a test once. The results were consistant with my hypothesis. I was arrested and booked for “Resisting an officer without Violence”. However, the State Attorney reading the affidavit saw that no crime had been committed and never charged me. Still had to pay to bond out, and wasted a good 8 hours of my night though… ---
**Author:** ![pool](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pool/32/4152_2.png) [@pool](https://boards.straightdope.com/u/pool)\ **Post date:** [January 13, 2007, 7:07pm UTC](https://boards.straightdope.com/t/felony-rude/387746/16 "2007-01-13T19:07:02Z")
**Tuckerfan** I’ve seen that video too, but it looks very staged to me though I have no doubt that those kinds of things have happened. ---
**Author:** ![Scruloose](https://avatars.discourse-cdn.com/v4/letter/s/e68b1a/32.png) [@Scruloose](https://boards.straightdope.com/u/Scruloose)\ **Post date:** [January 13, 2007, 7:10pm UTC](https://boards.straightdope.com/t/felony-rude/387746/17 "2007-01-13T19:10:32Z")
[QUOTE=Tuckerfan] I’ve seen a video of a guy walking up to a cop, flipping the cop off, and the cop promptly responding by beating the guy with his billy club. :eek: [/QUOTE] [Flipping off a cop.](http://youtube.com/watch?v=iQHSo8jsdWM&mode=related&search=) IIRC, that video was discussed here on the boards not long ago. I believe the jury is still out as to its authenticity. Personally, I think its BS. ---
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [January 13, 2007, 8:45pm UTC](https://boards.straightdope.com/t/felony-rude/387746/18 "2007-01-13T20:45:07Z")
[QUOTE=Scruloose] [Flipping off a cop.](http://youtube.com/watch?v=iQHSo8jsdWM&mode=related&search=) IIRC, that video was discussed here on the boards not long ago. I believe the jury is still out as to its authenticity. Personally, I think its BS. [/QUOTE] I dunno. The cop’s initial reaction, jumping back, looked real. And his club bounced off the kid a little. ---
**Author:** ![groman](https://avatars.discourse-cdn.com/v4/letter/g/73ab20/32.png) [@groman](https://boards.straightdope.com/u/groman)\ **Post date:** [January 13, 2007, 8:47pm UTC](https://boards.straightdope.com/t/felony-rude/387746/19 "2007-01-13T20:47:31Z")
[QUOTE=Scruloose] [Flipping off a cop.](http://youtube.com/watch?v=iQHSo8jsdWM&mode=related&search=) IIRC, that video was discussed here on the boards not long ago. I believe the jury is still out as to its authenticity. Personally, I think its BS. [/QUOTE] If it’s real, the way he lunged at the cop is fucking retarded – he’s lucky he didn’t get shot. The proper way of accomplishing this is walking up to not closer than 15 feet and stating “I find your abuse of power personally contemptible!” in a loud and clear manner, and then not making any sudden movements. If you get beaten after THAT then the police officer just proved your point for you, didn’t he? ---
**Author:** ![Scruloose](https://avatars.discourse-cdn.com/v4/letter/s/e68b1a/32.png) [@Scruloose](https://boards.straightdope.com/u/Scruloose)\ **Post date:** [January 13, 2007, 9:00pm UTC](https://boards.straightdope.com/t/felony-rude/387746/20 "2007-01-13T21:00:47Z")
[QUOTE=mangeorge] I dunno. The cop’s initial reaction, jumping back, looked real. And his club bounced off the kid a little. [/QUOTE] It’s the cops initial reaction that makes me think it’s BS. The kid basically thrust his hands up into the cop’s face rather quickly, yet the officer’s hands didn’t raise up to protect his face. Something that someone trained in defensive tactics should do instinctively. Of course, the possibility exists that the cop was stunned and froze a bit. I don’t doubt the possibility that it could be real. But, if I had to bet money, my money’s on staged. [Next page](https://boards.straightdope.com/t/felony-rude/387746.md?page=2)