And I understand your last point.
But freedom of political expression, religious expression, etc., is a lot different from being rude to a cop.
I recognize and lament almost daily the bully cop. They are a disgrace to their profession and their community. However, there are very very few cops that you can curse or verbally abuse and walk away.
You certainly can not when the cop is actively participating in his duties.
Do a little experiment.
Next time you see a cop directing traffic at an intersection or at a fire scene, give him the finger and tell him to kiss your @$$.
You do have the right, don’t you?
When he is in his civvies you do, but not when he is working.
Whether you stop exactly where he told you to or turned the way he told you to, you just can not give him the finger.
In Arkansas, you can give him the finger.
“In Nichols v. Chacon (W.D. Ark. 2000), a federal district court in Arkansas ruled that law enforcement officials violated the First Amendment rights of a man when they retaliated against him for flipping them the bird. “While we agree the gesture utilized by Nichols was crude, insensitive, offensive, and disturbing to Chacon’s sensibilities, it was not obscene under the relevant Supreme Court precedent, did not constitute ‘fighting words,’ and was protected as ‘free speech’ under the First Amendment to the United States Constitution,” the opinion said.”
Of course, if you do you will probably be arrested for disorderly conduct. Whomped upside the head with a phone book. (it doesn’t leave marks) Maybe tasered.
parsy.
Actually the officer had even more reason to arrest Gates when Gates made it impossible for him to communicate on his radio. The officer has rights too, and one of those is to be able to conduct a proper investigation without interference from those at the scene. The officer had every right to be in the house and every right to communicate with his dispatcher. Gates behavior was preventing him from carrying out his lawful duties. Gates could have been arrested for interfering with an office or whatever the charge is.
If folks truly believe the public should be protected by the first amendment to say anything they like to an officer, I would suggest they take the act into court and try it out on the presiding judge.
Police officers should not have to endure a tirade of verbal abuse from anyone.