.Please note that the academic left using that exact same highly subjective argument when they justify speech codes on campus..
This guy Crowley wasn't some hack bureaucrat running an academic institution filled with mediocrities. He was a law enforcement officer with a sworn duty to uphold the law, and he was responding to a call about a possible burglary in progress.
I have no idea whether or not Gates should have been arrested in this case, but the "constitutional" arguments put forth by Silvergate are misleading.