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Prof. Gates' Unconstitutional Arrest: There's a First Amendment right to be rude to a cop.
Forbes ^ | July 28, 2009 | Harvey Silverglate

Posted on 07/30/2009 6:36:55 AM PDT by Captain Kirk

The now-infamous Gates story has gone through the familiar media spin-cycle: incident, reaction, response, so on and so forth. Drowned out of this echo chamber has been an all-too-important (and legally controlling) aspect: the imbroglio between Harvard Professor Henry Louis Gates, Jr., and Cambridge Police Sgt. James Crowley has more to do with the limits (or breadth) of the First Amendment than with race and social class. The issue is not how nasty the discourse between the two might have been, but whether what Professor Gates said--assuming, for argument's sake, the officer's version of events as fact--could by any stretch of both law and imagination constitute a ground for arrest for "disorderly conduct" (the charge leveled) or any other crime. Whether those same words could be censored on a college campus is a somewhat different--though related--question.

First, a quick recap. Gates returned to his Cambridge residence from an overseas trip to find his door stuck shut. With his taxi driver's assistance, he forced the door open. Shortly thereafter, a police officer arrived at the home, adjacent to the Harvard University campus--in my own neighborhood, actually--responding to a reported possible burglary.

Upon arrival, the officer found Gates in his home. He asked Gates to step outside. The professor initially refused, but later opened his door to speak with the officer. Words--the precise nature of which remains in dispute--were exchanged. Gates was arrested for exhibiting "loud and tumultuous behavior." The police report, however, in Sgt. Crowley's own words, indicates that Gates' alleged tirade consisted of nothing more than harshly worded accusations hurled at the officer for being a racist. The charges were later dropped when the district attorney took charge of the case.

It is not yet entirely clear whether there was a racial element to the initial

(Excerpt) Read more at forbes.com ...


TOPICS: Constitution/Conservatism
KEYWORDS: blackkk; cambridge; crowley; demagogicparty; donutwatch; forbes; gates; harveysilverglate; henrylouisgatesjr; memebuilding; mrskippy; partisanmediashill; partisanmediashills; skipgates
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To: Captain Kirk

You DO have the right to call an officer a racist on your own property. That was never the problem. He was arrested for behavior, yelling and carrying on, not for what he said. If you’re going to pull the old “I have rights” ploy you had best know just what those rights are and what is and isn’t protected under those rights. Saying anything you want to a cop is protected. Behaving in a disorderly fashion is a crime.


21 posted on 07/30/2009 6:49:21 AM PDT by jwparkerjr (God Bless America!)
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To: rwfromkansas

“I am not pro-cop, but he was effectively obstructing justice, or at the very least, acting disorderly.”

I am, pro cop and I agree with you, but not for the sake of being pro-cop, but pro-society.


22 posted on 07/30/2009 6:50:19 AM PDT by jessduntno ("Freedom is never more than one generation away from extinction." - Ronald Reagan)
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To: Captain Kirk

First amendment rights? Gates and then Obamanation made this about something else completely. Gates didn’t rail on about his first amendment rights but about evil whitey. Then Obamanation jumped in and did the same thing and if not for the public reaction they would have been successful in destroying Crowley’s career because he is a WHITE MAN. Race is being used to destroy this country and Gates, just like Obama and all the other white haters and white cowards can go cram it.


23 posted on 07/30/2009 6:51:03 AM PDT by Altura Ct.
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To: rwfromkansas

Do you have a ‘right’ to talk about bombs while standing in line at the airport? Do you have a right to yell and scream at a judge in a courtroom? How the right against unreasonable search when you board an airplane or go to a courthouse?

The right to free speech is not absolute, and in my mind Prof Gates, by his behavior, was obstructing an active police investigation and acting disorderly.

The ‘stop snitching’ phenomena in the minority community is just another manifestation of the culture Gates promotes through his despicable actions towards Sgt Crowley.


24 posted on 07/30/2009 6:51:20 AM PDT by milwguy (........)
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To: BGHater

I guess you know that a pedestrian has the right of way over vehicles.

So I suggest that you stand in the middle of I-95, put your hand up to that semi running at 70 MPH and exercise your right of way rights. Don’t give an inch. Make him stop or dodge you.

Yes we do have rights, but smart people exercise those rights judiciously.


25 posted on 07/30/2009 6:52:24 AM PDT by old curmudgeon
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To: Captain Kirk

Ask the tea party people about how their right to even politely question a cop, has been enforced..


26 posted on 07/30/2009 6:52:37 AM PDT by silverleaf (If you can't be a good example, at least don't be a horrible lesson)
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To: jwparkerjr

The author tries to ignore those facts and pretends Gates was arrested in his home.


27 posted on 07/30/2009 6:52:44 AM PDT by free me (Sarah Palin 2012? You Betcha!)
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To: Captain Kirk
Mr. Silvergate raises legitimate points here.

It's worth noting that Jack@ss Gates himself has never defended himself against the actions of the police officers on the scene on constitutional grounds.

28 posted on 07/30/2009 6:53:07 AM PDT by Alberta's Child (God is great, beer is good . . . and people are crazy.)
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To: Captain Kirk
While this gentleman had a reasoned and law-supported viewpoint, I don't believe he's taking into account the fact that Gates was following the officer, who had left the house because he could not communicate effectively with his dispatch. Following, shouting, and screaming at an officer who is actively trying to put some space between you, all the while interfering with his communication, is more patently disorderly conduct. If Gates had just stood in his house and harrangued away, I would say that's free speech.
29 posted on 07/30/2009 6:53:25 AM PDT by domenad (In all things, in all ways, at all times, let honor guide me.)
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To: Captain Kirk

I remember that there was a website up that was promoting offensive speech saying it was a Constitutional right and they had some kind of court case going on it. Can’t remember where it is now, though...


30 posted on 07/30/2009 6:54:10 AM PDT by Star Traveler (The God of Abraham, Isaac and Jacob is a Zionist and Jerusalem is the apple of His eye.)
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To: Captain Kirk
Finally, some good sense on the Gates arrrest. Before folks start calling names, please note that Silverglate works for the Foundation for Individual Rights in Education and is a tireless fighter against the academic left's efforts to restrict academic freedom.

He also is a far-left civil libertarian. I agree that the laws regarding disorderly conduct are vague. But what Gates did was not about being rude to a cop, but causing a signficant public disturbance. If I am having a fight with my wife in the front yard that is disturbing the neighbors, and the cops come and tell us to knock it off and I don't, guess what? I can be subject to arrest for disorderly conduct. And that had nothing to do with being rude to a cop.

Gates had numerous opportunities to de-escalate this. He instead chose to make it into an incident.

31 posted on 07/30/2009 6:55:38 AM PDT by dirtboy
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To: Captain Kirk

It wasn’t what Gates said it is how he said it.

He was so loud that Sgt. Crowley had to leave his presense in order to use the radio.

Gates then followed him outside and continued to berate him to the point that it was attracting undue attention from onlookers.


32 posted on 07/30/2009 6:55:38 AM PDT by Eagle Eye (Kenya? Kenya? Kenya just show us the birth certificate?)
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To: I Buried My Guns
There was also a day in this country when a passerby observing a possible burglary at a home in the neighborhood would have drawn his/her own weapon and dealt with the matter themselves.

I've long said that a 911 system is the worst thing that ever happened to this country.

33 posted on 07/30/2009 6:56:01 AM PDT by Alberta's Child (God is great, beer is good . . . and people are crazy.)
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To: Captain Kirk

Agreed!


34 posted on 07/30/2009 6:56:53 AM PDT by PalmettoMason ("an empty limousine pulled up in front of the White House, and Barack Obama got out")
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To: Captain Kirk

Good piece. Gates is a worthless scumbag race pimp, but he does have the right to sound off.

The arrest still wasn’t about race, and a white person would have been treated the same way. “Disorderly conduct” has become “respect ma authorita or else.”


35 posted on 07/30/2009 6:57:37 AM PDT by piytar (Take back the language: Obama axing Chrystler dealers based on political donations is REAL fascism!)
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To: wilco200
He got his wish.

Let me get this right. You think it is good that Gates was "given his wish" at taxpayers expense. Please note that had Crowley simply shook his head and walked away, he might have been able to use his time later to arrest a genuine criminal rather than a harmless sixty two year old race baiter with a cane.

36 posted on 07/30/2009 6:58:14 AM PDT by Captain Kirk
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To: old curmudgeon

Sure, I understand that.

But in less than 4 years when the next election comes up and ‘birthers’ and other protesters meet at the DNC stage their outrage against the Gov’t and DNC don’t be upset when they are locked in cages[as per 2000,2004] and only confined to areas to protest.

You have to draw a line the sand and have convictions. Gov’t always uses it’s ‘authority’ over man.


37 posted on 07/30/2009 6:58:16 AM PDT by BGHater (Insanity is voting for Republicans and expecting Conservatism.)
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To: Captain Kirk
You might be joking but yes you SHOULD have a right to call ANYONE a racist on your own property, that is if you believe in property rights. Do you?

Now, do that while yelling so loudly that the neighbors are all coming out on their porches to see what the heck is going on. Or perhaps you think that someone should be allowed to engage in conduct that disturbs the peace, as long as it is on their own property? What about a loud party at 2AM? After all, it's on someone's property?

You and this writer miss the point. The arrest was not for being rude to a cop. The arrest was for raising a ruckus outside the house and then refusing to stop doing such. That will get most folks arrested who engage in such.

38 posted on 07/30/2009 6:59:00 AM PDT by dirtboy
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To: Star Traveler

I remember that not so long ago many, many people on FR when lamenting the many cases on youtube when citizens, such as a 72 year old grandma, were tased for the simple act of arguing with cops.


39 posted on 07/30/2009 6:59:50 AM PDT by Captain Kirk
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To: Captain Kirk

Great post!

FWIW, a freeper was there a week earlier with this analysis! Little ‘ol me.

http://www.freerepublic.com/focus/f-news/2299648/posts

parsy.


40 posted on 07/30/2009 6:59:52 AM PDT by parsifal ("Knock and ye shall receive!" (The Bible, somewhere.))
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