If no cops had been there issuing "orders" and Gates had simply gone outside to his front stoop and yelled (about whatever) at the same volume and for the same length of time, do you think ANYBODY could reasonably regard that as a crime?
“If no cops had been there issuing ‘orders’...”
BUT, they WERE there as a part of the JOB to investigate a REPORTED possible burglary. Do not try to use hypothetical situations here; they are going to bite YOU, not me. We are not dealing with a hypothetical situation, we are dealing with reality. And the reality is Mr. Gates did create a disturbance and was arrested for doing so.
“...yelled (about whatever) at the same volume and for the same length of time, do you think ANYBODY could reasonably regard that as a crime?”
If it disturbed the peace and caused a crowd - YES, it could be regarded as a crime.