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Fourth Circuit Overturns Conviction Of Retired Air Force Colonel For Using Racial Slur
Jonathon Turley Blog (?) ^ | 12 May 2021 | Jonathan Turley

Posted on 05/13/2021 11:25:14 AM PDT by jimtorr

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force colonel for using a racial epithet at the shoe store on the Marine base at Quantico, Virginia. Jules A. Bartow, who is white, was arrested after a bizarre and disgraceful exchange with an employee, including the use of the “n word” with the African American woman. The highly offensive and repugnant language of Bartow was denounced by the court, but the unanimous panel still reversed T.S. Ellis III, Senior District Judge of the Eastern District of Virginia on First Amendment grounds.

Free speech advocates must often defend those who are despised or language that is deeply offensive. The First Amendment is not designed to protect popular speech or popular people. Such speech and such people rarely need protection. That means that we must resist attacks on free speech in cases where we find speech to be repugnant and repulsive. That is the case with retired Air Force Lieutenant Colonel Jules A. Bartow.

(Excerpt) Read more at jonathanturley.org ...


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government
KEYWORDS: 3judgepanel; 4thcircuit; amarvinquattlebaum; amarvinquattlebaumjr; bloggers; constitutionallaw; criminallaw; dianagribbonmotz; dianamotz; dianemotz; edvirginia; fourthcircuit; freespeech; julesabartow; marvinquattlebaum; obamajudge; rapinbilljudge; reaganjudge; society; stephaniethacker; thomasellis; thomasselbyellis; threejudgepanel; trumpjudge; tsellis; tsellisiii
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To: Kickass Conservative

>> Unconstitutional Hate Crime Laws.

Exactly.


41 posted on 05/13/2021 12:12:39 PM PDT by Gene Eric (Don't be a statist!)
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To: jimtorr

“Bartow was charged under Virginia Code § 18.2-416....”

A brazenly unconstitutional statute.


42 posted on 05/13/2021 12:15:55 PM PDT by traderrob6
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To: jimtorr

An article and posts here about the “N” word that all avoid actually using the N word explains how this can happen. Let’s ask Lenny Bruce on the topic... https://youtu.be/IaRqDc41IFQ


43 posted on 05/13/2021 12:22:05 PM PDT by Demiurge2 (Define your terms!)
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To: jimtorr

Why is it OK to say the H word?


44 posted on 05/13/2021 12:25:56 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: jimtorr
In November 2018, Bartow entered the Quantico Marine Corps Exchange to shop for boots. He was quickly assisted by Cathy Johnson-Felder, an African American, who innocently said “[G]ood morning. May I help you?” Bartow responded bizarrely with “If I had indigestion, diarrhea, or a headache, would you still address me as good morning?” Undeterred Johnson-Felder again asked “[C]an I help you, sir?” Bartow then responded, “I’m not a sir — I’m not a male, I’m not a female, if I had a vagina, would you still call me sir?” Bartow reportedly was speaking louder and louder as he berated this employee for simply trying to help him. That drew a white uniformed Marine lieutenant colonel who began to argue with Bartow over his disgraceful treatment of Johnson-Felder.

During this continued argument between the two men, Bartow continued to try on boots as a crowd formed. An African-American in civilian clothes also argued with Bartow and explained that “the reason that [employees at the Exchange] say ‘sir’ or ‘ma’am’ is because you are purchasing merchandise on a military installation.” Bartow then said: “If I called her a [n****r], would she still say good morning?”

A security officer was called over and Bartow was escorted out of the door and then arrested by base security officers.

I think Col. Bartow may have bigger problems than his arrest.

45 posted on 05/13/2021 12:30:43 PM PDT by Sooth2222 (“Taxation without representation is tyranny.” -James Otis (1761))
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To: ConservativeMind

Only if you are white.


46 posted on 05/13/2021 12:37:45 PM PDT by pnut22
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To: mass55th

“The accepted terms for blacks have changed repeatedly over the years: Colored, African-American, black, person of color, etc. I wish they’d find one, and stick with it.”

The accepted term now is “Master”.


47 posted on 05/13/2021 12:41:07 PM PDT by Mr Rogers
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To: jimtorr

Puzzling. I think the proper response for such behavior would be a quick call to the Post Commanders office, followed by having the retired officer escorted off post, and barred from return. Shopping there is a privilege, not a right.

Even the commercial businesses on a military post are under the sway of the Post Commander, a class of officer known for their intolerance of bad behavior.


48 posted on 05/13/2021 12:42:51 PM PDT by yefragetuwrabrumuy ("Poor kids are just as bright, just as talented, as white kids." - Joe Biden Aug 8, 2019)
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To: WashingtonSource

I don’t completely disagree with you in general, but in this particular case, I saw nothing from the woman that deserved the kind of treatment she got from him And, again, my main point was the completely unprofessional actions of the officer in this particular case. Even being retired, on a military base he is required to maintain a certain amount of military bearing. At a minimum he should act like a decent human being.


49 posted on 05/13/2021 12:44:57 PM PDT by fidelis (Defeatism and despair are like poison to men's souls. If you can't be positive, at least be quiet.)
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To: Sooth2222
“If I called her a [n****r], would she still say good morning?”

I think the MAN is trying to say that the poor salesgirl misgendered him, which he thinks is JUST as bad, if not worse, than calling someone the n-word. Trannies are crazy AND hostile, and they sure are bullies, for people that constantly proclaim victimhood.

50 posted on 05/13/2021 12:46:42 PM PDT by hellinahandcart
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To: ConservativeMind

Nobody throws around the n-word like folks in the ‘hood.


51 posted on 05/13/2021 12:49:53 PM PDT by Vigilanteman (The politicized state destroys aspects of civil society, human kindness and private charity.)
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To: hellinahandcart

“Why are you calling me ‘Sir?’ Can’t you SEE I’m non-binary?!”


52 posted on 05/13/2021 12:52:58 PM PDT by hellinahandcart
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To: jimtorr

the n word should always be used niggardly.


53 posted on 05/13/2021 12:57:13 PM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world or something)
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To: fidelis

While on active duty I got a clear sense that uniformed personnel loathed px/bc civilian employees in CONUS and VN, not Japan,Taiwan or Thailand


54 posted on 05/13/2021 1:10:17 PM PDT by robowombat (Orthodox )
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To: maddogtiger

Jig-a-boo?

btw: I’m a black man and words have never bothered me!


55 posted on 05/13/2021 1:24:05 PM PDT by justme4now (Falsehood flies, and the Truth comes limping after it)
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To: chuckee

Retired Military folks can be “tried” under the UCMJ...


56 posted on 05/13/2021 1:28:22 PM PDT by dakine
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To: robowombat

Decades ago I was trying to return a car stereo at Coronado, and the sales clerk, probably somebody’s wife, started giving me a really hard time about it.

I was baffled for a second, till I realized she was trying to provoke me into saying something that would “justify” throwing me out of the store and not taking the stereo back.

I never did figure out why she did that. Pure malice, perhaps.


57 posted on 05/13/2021 1:31:16 PM PDT by dsc (Tu ne cede malis, sed contra audentior ito.)
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To: jimtorr
This guy is a hardcore FREAK.

I defy anyone else here to just Google and enjoy the SCHADENFREUDE.

Let's just start with "Jules" hassling the register girl at Starbux.

"Privacy vs Convenience & Excellent Customer Service: Why not greet me by name and ask if I'd like my "Usual" using facial recognition (from all those surveillance cameras), biometrics (fingerprint readers embedded in door handles and shopping cart handles), RFID (from my passport or enhanced driver's license, E-ZPass toll road tag, EzPL8 tag, or even tire pressure transmitters when pulling into drive throughs), FourSquare/Google Latitude/Facebook Places location-based services (LBS) enabled by apps on my smart phone with its International Mobile Station Equipment Identity (IMSI) and unique 64-bit International Mobile Subscriber Identity (IMSI) used in conjunction with assisted GPS info for 911 emergency and family member geo-triangulation (Verizon's and Sprint's Family Locator, AT&T FamilyMap, T-Mobile FamilyWhere, and Apple's Find My iPhone), a WiFi or BlueTooth 48-bit unique Media Access Control (MAC) address (that's why there's free WiFi —so they can track you!), ShopKick's Ultrasonics, and NFC." -- Jules Bartow, 541 subscribers, Youtube.com


58 posted on 05/13/2021 1:31:23 PM PDT by StAnDeliver (Eric Coomer of Dominion Voting Systems Is The Blue Dress)
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To: maddogtiger

That would be Rain-Forest Bunny.


59 posted on 05/13/2021 1:35:28 PM PDT by Scrambler Bob
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To: fidelis

Nothing she did that I could see justifies his response. I just had my own encounter today with one of this group who was hostile and nasty for no reason. I had to bite my tongue.


60 posted on 05/13/2021 1:43:20 PM PDT by WashingtonSource
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