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 ...
Excellent points, too!
“baton shampoo”
I always thought it was a “hickory massage” followed by a nice piece of cement pie. It did seem to discourage acts of excessive hostility.
So tell me, then - does a couple have a right to have a loud argument in front of their house that goes on for an hour? Does someone have the right to have a loud party at 2AM, as long as it's on their own property?
From what I have seen, the cops exercised a lot of restraint. And Gates was NOT arrested until he insisted on following the departing cops out of the house and continuing the argument in the yard in a loud manner - and persisted after being warned to stop.
In this case, I think the cops showed a LOT of restraint, and Gates did not.
Good for you! Perhaps the tide is turning here.
Crowley was leaving the house when Gates following him into the yard.
You keep ignoring the fact that Gates was the one who kept insisting on escalating the matter.
Compare and contrast the situations between the treatment of a liberal and the treatment of a conservative:
Double standard? Do you see it differently?
-PJ
These articles are written to reinforce the mistaken understanding people have of a situation. A reader who is inclined to dislike the police anyway will take this article and run with it. The facts of a case have little effect on how those who hate whitey and especially the whitey policeman, feel about the case.
I am appalled by the absolute hate I am hearing in the voices of those calling talk shows since this started. As someone pointed out around here yesterday, we are simply starting to reap the harvest that 30 plus years of a government supported, union run school system has sown.
Heard a caller this morning who teaches in a school that has a large Muslim student body. She says not only will they not say the pledge of allegiance, they refuse to stand while others say it. She was reported to the Diversity officer because she wouldn’t say anything nice about Muslims when she was teaching about the recent acts of piracy.
I don’t think we’ve even begun to understand the depth of hatred there is for us and our country in a lot of today’s population. They are not here to become a part of America, but rather to destroy it in favor of their beliefs.
Gates had the power to end it at any time by merely shutting his trap.
In my mind, calling the cop a racist is ‘fighting words’.
In his battles with the academic left, I am sure that Silverglate has heard that line many, many times. That line is very popular with the PC types on campus when they try to justify speech codes.
I hope so, but I caught heck for it. It seems many freepers are think the Constitution should only be enforced if you like the person involved. Gates is not likable.
parsy.
Gates owes Crowley an apology for his horrific name calling when the man was AT HIS HOME trying to stop what he was called to STOP-a possible burglary or WORSE. Crowley didn't know what to expect, only gates knew what was going on, he was home after difficulty getting in.
Instead of THANKING the officer since breakins were happening in the area lately, he ATTACKED the officer with mean WORDS.
And continued it for awhile...trying to stir up the crowd when crowley invited him outside. (He was acting dirty enough INSIDE that the tape indicates crowley asked that the extra cars continue to come, anticipating that gates was on some racist rampage)
Gates needs to be spanked.
So, now it’s OK to hurl the n word at a black cop?
Just askin’.
.Please note that the academic left using that exact same highly subjective argument when they justify speech codes on campus..
“Sgt. Crowley had every right to check on what was reported as a possible break and entry. But as soon as he realized that the occupant was entitled to be in the house, he should have left.”
Silverglate doesn’t appear to have read the police report. Crowley did leave the house and Gates was not arrested for insulting him. Gates was arrested because he followed Crowley outside and began haranguing the crowd which had been attracted to the scene with a racist screed which caused the people to become alarmed.
So, once again, using your 'logic', do I have a right to argue loudly with my wife in the front yard at midnight? And to ignore the requests of cops to knock it off or take it inside so it won't disturb the neighbors?
You insist on ignoring that key aspect of the situation. Which tells me you are being dishonest in your approach here - it was NOT about Gates being rude to the cops, it was about the manner in which Gates was doing such, and that Gates was warned twice to chill out.
As for myself, I don’t find too much need to holler and yell at cops or say anything offensive. :-)
So, I think I’ll be safe from being tasered, at least until I rob the next bank... LOL...
You are welcome to your personal opinion, but as Silverglate shows through case law, that isn't what the law and constitutional principles require.
While police officers frequently take the position that it is a violation of the law to criticize them, or disagree with them, their actions in those instances are not supported by the law.
Take a look at the circumstances of some of the cases Silverglate cites - they too were outside, in public, and involved much more inflammatory speech than what Gates was accused of.
While the cries of racism and racial profiling in the Gates case are nonsensical, and worthy of scorn, I am sure that even the arresting officers would, in hindsight, have rather just ignored the angry words of Gates and gone on with their day.
“Silverglate doesnt appear to have read the police report. Crowley did leave the house and Gates was not arrested for insulting him. Gates was arrested because he followed Crowley outside and began haranguing the crowd which had been attracted to the scene with a racist screed which caused the people to become alarmed.”
I did read the report. The cop lured Gates outside because he could not arrest Gates inside the house without a warrant.
parsy.
If, after Crowledy had simply shook his head and drove away, this sixty year old harmless man with a cane, had stood on his front lawn and shouted at the top of his lungs to the whole neighborhood, you might have a point. There is no evidence that was even likely. Crowley was typical. He arrested Gates not because of his race but because he argued. Youtube is filled with examples, People on FR has complained about this in the past, such as when it happened to a 62 year old grandmother.
Now on the point of coming after an LEO with a tirade...
No one in his right mind should do that. The LEO even said he ‘was leaving now’ and had witnesses. However, how would the LEO know himself that there was no weapon? At the very least, it was menacing behavior.
Finally, if ANYONE behaved in such a manner, or should I say anyone else, s/he’d be arrested. End of story.
Gates wanted this. I think it’s ego. After all, who do we think he is?
Then again, when was the last time people who stood in front of a polling place in para-military garb and clubs/extendabatons were not menacing voters?
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