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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.
1 posted on 07/30/2009 6:36:55 AM PDT by Captain Kirk
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To: Captain Kirk

Disorderly conduct is now a Constitutional right. Apparently.


2 posted on 07/30/2009 6:38:30 AM PDT by ClearCase_guy
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To: Captain Kirk

‘harshly worded accusations hurled at the officer for being a racist.’

Whats the world coming to. If I can’t call a cop, racist on my own property; where can I?


3 posted on 07/30/2009 6:40:07 AM PDT by BGHater (Insanity is voting for Republicans and expecting Conservatism.)
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To: Captain Kirk

how ridiculous.

If you are not going to cooperate, you should expect to take a trip downtown to sort out the facts.

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


5 posted on 07/30/2009 6:41:22 AM PDT by rwfromkansas ("Carve your name on hearts, not marble." - C.H. Spurgeon)
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To: Captain Kirk
I always wondered why the cop didn't have his weapon drawn when he was responding to a ‘suspected burglary’?
7 posted on 07/30/2009 6:42:16 AM PDT by BGHater (Insanity is voting for Republicans and expecting Conservatism.)
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To: Captain Kirk

Shoulda just tasered him — that’s evidently the acceptable police response to ‘lipping-off’...

Fox would have run the dashcam footage nonstop for a couple of days, and that would have been the end of it....


10 posted on 07/30/2009 6:42:59 AM PDT by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: Captain Kirk

this isn’t a case where the cops came on to someone’s private property and arrested the owner for some trumped up reason violating his private property rights.

This case is simple. A cop responds to a possible B&E. The owner of the resident, decides to turn the incident into a racial publicity stunt taunting the police and trying to get himself arrested. He got his wish.

gates has made an entire career out of being a race hustler. After this, he’ll probably be able to afford a new 24 speed tricycle


12 posted on 07/30/2009 6:44:42 AM PDT by wilco200 (11/4/08 - The Day America Jumped the Shark)
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To: Captain Kirk

A good report but the premise if as full of it as a Christmas turkey. Gates was not arrested for simply yelling at and insulting a cop. Had they been inside the house, out of earshot of the crowd that his hysterics was drawing he would not have been arrested. That was not the case. He was outside, in full view and hearing of the gathering crowd of witnesses. He was advised at least twice that his behavior was putting him at risk for arrest. He ignored the warnings and the rest is history. Other officers at the scene, including a black officer, supported his decision to arrest Gates.

The officer talked with Gates inside the house and was in the process of leaving when Gates followed him out onto the porch and continued the diatribe. Personally I don’t expect any officer to have to ignore being yelled at and insulted. Gates should have shown the officer the respect the officer showed him.


15 posted on 07/30/2009 6:45:33 AM PDT by jwparkerjr (God Bless America!)
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To: Captain Kirk

Silverglate is a flaming liberal lawyer. Like most lawyers he talks out of both sides of his mouth. He has found his niche putting on a white hat once in a while - if he can turn a dollar or get some publicity while doing it.


16 posted on 07/30/2009 6:45:47 AM PDT by ladyjane
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To: Captain Kirk
Here is the problem as I see it. Gates was trying to stir up the crowd that had gathered in front of the house with the hopes that they would intervene, triggering an even larger confrontation. Crowley put a stop to it. All Gates had to do was shut up and go back in the house and he would not have been arrested. Crowley stopped Gate's attempt at fomenting a race riot, albeit small. First amendment rights have always stopped at yelling “fire” in a crowded theatre, and they stop at fomenting a race riot.
17 posted on 07/30/2009 6:47:46 AM PDT by Excellence (Meet your new mother-in-law, the United States Government)
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To: Captain Kirk

a very good article.

But it does not excuse Mr Obama for throwing Kerosene on the fire.


18 posted on 07/30/2009 6:47:55 AM PDT by maine yankee
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To: Captain Kirk

It depends on how you are rude. Look up the law “Ethnic Intimidation”.


19 posted on 07/30/2009 6:48:14 AM PDT by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
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To: Captain Kirk

Today, the law recognizes only four exceptions to the First Amendment’s protection for free speech: (1) speech posing the “clear and present danger” of imminent violence or lawless action posited by Holmes, (2) disclosures threatening “national security,” (3) “obscenity” and (4) so-called “fighting words” that would provoke a reasonable person to an imminent, violent response.

When do the police get mind reading training that will tip them off when the bad actor or an on looker or lookers are incited to riot or harm the officer while the “(1) speech posing the “clear and present danger” of imminent violence or lawless action posited by Holmes” is going to occur.

At what point can this so-called logic turn into a riot? What happens to the idea that hate speech, (which this was) is not permissable? If the general discourse is so lowered that an attempt to restore peace by a LEO is not honored, where do we go from there?

This is bullshit. You might have THE RIGHT to hate speech because you are a black guy screaming epithets at a white guy? I don’t think so.

What if it’s four black guys in a black neighborhood, a cop rolls up to move them along and they break this crap out on the cop? They just tuck tail, apologize and move on?

WHAT message are we sending, that no respect is due to the law?


20 posted on 07/30/2009 6:48:50 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: 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: 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: 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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