• Generally, no. The first amendment gives you the right to use the middle finger. The 1st goes beyond words to cover any expressive activity. However, it is also possible that by giving the finger you have managed to disturb the peace or incite a riot. In those cases it would be illegal. Of course, it is illegal not because you used the finger, rather it is because you disturbed the peace or incited a riot.
  • 9-26-2017 In Germany you can be jailed for pointing to your head. They don't have any insult words, so they use insult gestures, and they get serious. You can be jailed for waving to a friend if you wave the wrong way.

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