Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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

click here to read article


Navigation: use the links below to view more comments.
first previous 1-20 ... 181-200201-220221-240241-251 next last
To: Sloth

“The biggest and most obvious difference is that Gates’s outburst was caused by the police presence in the first place.”

Which they had a RIGHT to be there due to a reported crime. More importantly they were REQUIRED to be there - it is a condition of their employment!

So, when the police arrive on your property to investigate a crime you want them to simply walk away when you scream and yell at them! No questions asked from the police - from the police point of view: does this seem like “normal” behavior from someone whom you are trying to assist?!? I, having been in that type situation, can tell you that you have a tendency to hang around to ensure there is no other ongoing problem.

The police, in trying to do their job, did in deed find a man who was exhibiting “disorderly conduct” and he was arrested for that conduct.


201 posted on 07/30/2009 9:25:59 AM PDT by ExTxMarine (For whatsoe'ver their sufferings were before; that change they covet makes them suffer more. -Dryden)
[ Post Reply | Private Reply | To 190 | View Replies]

To: ExTxMarine
And in some circumstances, it's called “abuse of power.”
202 posted on 07/30/2009 9:28:38 AM PDT by atlaw
[ Post Reply | Private Reply | To 194 | View Replies]

To: jessduntno
The law is due all reasonable respect.

I already said that.

Shouting racist and promoting hatred against a cop in an aggressive and possibly riot-promoting hysterical state is hardly reasonable respect.

Perhaps. Like I said Gates was being a dick, but I don't agree with your characterization of what type of dick he was being. I doubt he was inciting riot but he was certainly in contempt of cop which is not a crime, nor should it be considering what thugs cops really are.

And, the police ARE the law. And without law, we are Rome. And we all know how well that turned out.

Nonsense all around. The law is the law, cops are cops and too many cops are lawbreakers rather than law enforcers.

They have to earn respect and they are failing at that.
203 posted on 07/30/2009 9:29:05 AM PDT by Filo (Darwin was right!)
[ Post Reply | Private Reply | To 79 | View Replies]

To: listenhillary
Obama’s army of civil servants I’m sure would be happy to fill the role.

Bingo!! Yes, Obama's army of civil servants would be happy to come over and arrest you and they'd be even happier if they could arrest you for arguing with them or even questioning them. Do you really want to give them that power?

204 posted on 07/30/2009 9:29:44 AM PDT by Captain Kirk
[ Post Reply | Private Reply | To 185 | View Replies]

To: KC Burke

BTTT!!!


205 posted on 07/30/2009 9:29:53 AM PDT by ExTxMarine (For whatsoe'ver their sufferings were before; that change they covet makes them suffer more. -Dryden)
[ Post Reply | Private Reply | To 199 | View Replies]

To: ExTxMarine

Replace “Gates” with “Rush Limbaugh.” Re-run thread. Watch in amazement.


206 posted on 07/30/2009 9:30:24 AM PDT by atlaw
[ Post Reply | Private Reply | To 201 | View Replies]

To: KC Burke

“There is no way for the officer to know that Gates was improperly operating outside his role of a normal courteous resident and make adjustments for it. He wasn’t encountering Gates during a lecture or public appearance where he could make reasonable adjustments for how to deal with him as an activist of whatever validity. He was instead encountering him in the capacity of a person at the scene of a possible crime.”

The remarkable thing to me is that no one takes into account that the LEO must lock down the scene, clear the premises and conduct a proscribed routine. Suppose the Prof were being robbed, the perp was in a closet with a gun on him and telling him to get rid of the cop or else? Until the LEO knows the house is clear, the scene is “hot.”

Showing a University badge and screaming get out does not mean that there is no one else in the house or that there is no further crime in progress. THAT is why you need to look around and make sure the scene is clear and call for back up in the event it is not. The call clearly stated there were two men.


207 posted on 07/30/2009 9:31:32 AM PDT by jessduntno ("Freedom is never more than one generation away from extinction." - Ronald Reagan)
[ Post Reply | Private Reply | To 199 | View Replies]

To: atlaw

“And in some circumstances, it’s called ‘abuse of power.’”

Absolutely correct, and if an internal investigation of the circumstances by competent persons, knowledgeable in police procedures find that this was the case here, then I apologize.

But, from experience, I can assure you Officer Crowley was well within his rights as a public servant and sworn officer of the City of Cambridge.


208 posted on 07/30/2009 9:32:53 AM PDT by ExTxMarine (For whatsoe'ver their sufferings were before; that change they covet makes them suffer more. -Dryden)
[ Post Reply | Private Reply | To 202 | View Replies]

To: Captain Kirk

You will drive good people from becoming police officers, who does that leave?


209 posted on 07/30/2009 9:33:31 AM PDT by listenhillary (90% of our problems could be resolved with a government 10% of the size it is now.)
[ Post Reply | Private Reply | To 204 | View Replies]

To: Filo

Nonsense all around. The law is the law, cops are cops and too many cops are lawbreakers rather than law enforcers.
They have to earn respect and they are failing at that.

I disagree, obviously. The LEO is the law and is there to enforce. That there are some bad ones is not a reason to automatically conclude there are “too many” and I have seen no statistics to prove that. Personally, my only interaction with LEOs in the last thirty years has been entirely positive.


210 posted on 07/30/2009 9:34:53 AM PDT by jessduntno ("Freedom is never more than one generation away from extinction." - Ronald Reagan)
[ Post Reply | Private Reply | To 203 | View Replies]

To: Captain Kirk

What would happen to someone, anyone spoke to Obama like Gates to Crowley?


211 posted on 07/30/2009 9:36:06 AM PDT by School of Rational Thought (I saved 10,000 jobs today.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: atlaw

“Replace ‘Gates’ with ‘Rush Limbaugh.’ Re-run thread. Watch in amazement.”

I would be amazed, as Rush would have probably showed his ID, thanked the officer, offered him coffee and made him more of hero by mentioning the courteous, fast-acting actions of the local police force. But, that would be a different thread!


212 posted on 07/30/2009 9:37:58 AM PDT by ExTxMarine (For whatsoe'ver their sufferings were before; that change they covet makes them suffer more. -Dryden)
[ Post Reply | Private Reply | To 206 | View Replies]

To: Captain Kirk
My Father taught me that you respect Law Enforcement Officers and you use two phrases when questioned, Yes Sir and No Sir.

It seems that people on this thread are accusing the Officer of escalating the situation by arresting the childish foul mouthed race baiter Gates.

If Gates had been cordial and answered the Officer's questions in a civilized manner, while understanding that the Officer was there to investigate a possible criminal activity, we would not be having this conversation.

Gates is one of those people who thinks the world revolves around him and the world owes him a living. In other words, a typical Obama supporter.

213 posted on 07/30/2009 9:39:59 AM PDT by Kickass Conservative (There is nothing wrong with the Government that 552 bullets couldn't cure...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ExTxMarine
Which they had a RIGHT to be there due to a reported crime. More importantly they were REQUIRED to be there - it is a condition of their employment!

To begin with, yes. The fact that police had reason to be there at one time does not justify their indefinite continued presence. The investigation of the reported crime ended BEFORE the arrest. If Crowley had arrested Gates for failing to identify himself in the first place, I wouldn't have any problem with it.

So, when the police arrive on your property to investigate a crime you want them to simply walk away when you scream and yell at them!

No, I want them to walk away as soon as they realize no crime occurred.

No questions asked from the police - from the police point of view: does this seem like “normal” behavior from someone whom you are trying to assist?!?

Of course not. So far as I'm aware, there is not yet any law requiring people to be "normal," even in a craphole like Massachusetts.

I, having been in that type situation, can tell you that you have a tendency to hang around to ensure there is no other ongoing problem.

"Other ongoing problem"? With no evidence? Sounds like a fishing expedition. In this case, it is clear to me that de-escalation would have been best accomplished by police departure.

The police, in trying to do their job, did in deed find a man who was exhibiting “disorderly conduct” and he was arrested for that conduct.

Where "disorderly conduct" again means loudly expressing a disapproved opinion of the police.

214 posted on 07/30/2009 9:40:23 AM PDT by Sloth (Irony: Freepers who call Ron Paul a "nut" but swallow all the birth certificate conspiracy crap.)
[ Post Reply | Private Reply | To 201 | View Replies]

To: rwfromkansas

Exactamundo. The cop is called to a scene which can either have a wholly benign or a wholly sinister (and therefore deadly) explanation. Certainly the subject’s race is not a factor which the cop can use in making his initial determination; but, just as certainly, the subject’s behavior and attitude are factors he properly considered.


215 posted on 07/30/2009 9:41:46 AM PDT by Mr. Lucky
[ Post Reply | Private Reply | To 5 | View Replies]

To: jessduntno
I disagree, obviously.

That's your prerogative, obviously. You are, however, ignoring tons of data to the contrary.

The LEO is the law and is there to enforce.

They are not the law. They do not determine what is legal and what is not. They enforce laws that other (more reasonable) people make. Period.

By "enforcing" new "laws" like contept of cop they are going rogue.

Exactly the opposite of being "the law."

That there are some bad ones is not a reason to automatically conclude there are “too many” and I have seen no statistics to prove that.

Open your eyes. Look around. For every reported grandmother tasing there are numerous incidents that go unreported. Worse, none of the cops in those incidents are ever censured by their own. The rest of the force are, therefore, accomplices to those violations. That's too many.

Personally, my only interaction with LEOs in the last thirty years has been entirely positive.

For the most part that's true for me as well. I haven't been personally abused by a cop. . . yet.

I have, however, interacted with many who are abusive, obnoxious, arrogant and lawless.

Plus I've read countless stories about them being that and worse, literally getting away with murder in numerous incidents.

Whether they are shooting unarmed men in the back, tasing grandmothers, shooting dogs or draping parapalegics over a wall to frisk them they are out of control and need to be reined in.
216 posted on 07/30/2009 9:42:42 AM PDT by Filo (Darwin was right!)
[ Post Reply | Private Reply | To 210 | View Replies]

To: jessduntno

you obviously missed the point that he was “on his own property,” which means all that other stuff just goes out the window.

I hope that no one goes on a shooting spree (from his own property) near many of these posters. I mean, the shooter just has to yell, “This is my property! Get out of here you racists pigs!” and the police are supposed to leave - IMMEDIATELY!


217 posted on 07/30/2009 9:43:29 AM PDT by ExTxMarine (For whatsoe'ver their sufferings were before; that change they covet makes them suffer more. -Dryden)
[ Post Reply | Private Reply | To 207 | View Replies]

To: School of Rational Thought
What would happen to someone, anyone spoke to Obama like Gates to Crowley?

Unfortunately, they'd probably be tackled to the ground and tossed in the clicker. Sad to say, the Americans long ago tossed aside the noble British tradition of allowing public heckling of their leaders. And your point is.....?

218 posted on 07/30/2009 9:43:36 AM PDT by Captain Kirk
[ Post Reply | Private Reply | To 211 | View Replies]

To: Filo

“That’s your prerogative, obviously. You are, however, ignoring tons of data to the contrary.

Plus I’ve read countless stories about them being that and worse, literally getting away with murder in numerous incidents.”

Ohhhh...tons of data and what you’ve read...yep, I’m convinced...hahahahahah...sorry, but this is just way too juvenile. See you around the campus.


219 posted on 07/30/2009 9:45:46 AM PDT by jessduntno ("Freedom is never more than one generation away from extinction." - Ronald Reagan)
[ Post Reply | Private Reply | To 216 | View Replies]

To: ExTxMarine

“I hope that no one goes on a shooting spree (from his own property) near many of these posters. I mean, the shooter just has to yell, “This is my property! Get out of here you racists pigs!” and the police are supposed to leave - IMMEDIATELY!”

Or better yet, someone get s the drop on them and they call the cops somehow but they don’t show up because the last time they did they were treated like shit...which seems to be OK to some of these posters...because there are sooooo many bad cops...


220 posted on 07/30/2009 9:48:14 AM PDT by jessduntno ("Freedom is never more than one generation away from extinction." - Ronald Reagan)
[ Post Reply | Private Reply | To 217 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 181-200201-220221-240241-251 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson