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#502 Jul 29 2009 at 8:16 PM Rating: Decent
Mindel wrote:
In both Gooding v. Wilson and Lewis v. New Orleans, the court found the relevant disorderly conduct/breech of peace laws to be unconstitutionally overbroad, and these cases are considered two of the landmarks that did the most to weaken the fighting words doctrine set forth in Choplinsky. You dink :p

See also Houston v. Hill in which the court finds that a person cannot be convicted of disorderly conduct for arguing with a cop so long as they do not interfere with the conduct of the officer's duty and the disruption is limited to speech.

I'm sorry that you embarrassed yourself by assuming a nearly 70-year-old court ruling was still standing, really I am. Now would be a good time to walk away from the subject with some dignity in tact. Smiley: thumbsup


Nothing you just said invalidates my response to you. Yes, these two cases limited the scope of the ruling and restricted the wording severely. However, if a municipality were to construct such a law that states it is unlawful to verbally address an officer in such a way that attempts to provoke the officer into a response, it would likely be upheld. Therefore, my original statement that the right to verbally abuse an officer depends on local ordinances is still a perfectly valid statement.

Your underlying argument here is that calling an officer an ******* is likely protected under free speech, and I would agree. However, telling the officer you're going to kick his *** or "you haven't heard the last from me" can easily be interpreted as "fighting words" and thus is unlikely to be protected by free speech in the presence of a well-constructed law forbidding such language. Whether such a law exists, as I first stated, entirely depends on local and state ordinance.

I'd be willing to concede that the law is more restrictive than presented in my original citation if you're willing to admit that language directed at an officer that can reasonably be interpreted as intending to provoke a response (aka "fighting words") is still unprotected by free speech law and thus potentially restricted or prohibited by local ordinance.
#503 Jul 29 2009 at 8:19 PM Rating: Good
Annabella, Goblin in Disguise wrote:
some guy on the internets with a GED


I may not have a bachelors' degree but I do have college credit under my belt and I did in fact graduate high school. Using completely false information to attempt to discredit my argument is immature and unbecoming of someone who wishes to consider herself either mature or intelligent.

Par for the course with you, I suppose. It's no wonder I put absolutely zero stock in your opinions, professional or otherwise.
#504 Jul 29 2009 at 8:20 PM Rating: Default
Vagina Dentata,
what a wonderful phrase
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The Great BrownDuck wrote:
Annabella, Goblin in Disguise wrote:
some guy on the internets with a GED


I may not have a bachelors' degree but I do have college credit under my belt and I did in fact graduate high school. Using completely false information to attempt to discredit my argument is immature and unbecoming of someone who wishes to consider herself either mature or intelligent.

Par for the course with you, I suppose. It's no wonder I put absolutely zero stock in your opinions, professional or otherwise.


You're funny when you are indignant.
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Turin wrote:
Seriously, what the f*ck nature?
#505 Jul 29 2009 at 8:21 PM Rating: Decent
Annabella, Goblin in Disguise wrote:
You're funny when you are indignant.


And you're not amusing when you behave like a child. Sadly, this is more often the case than not.
#506 Jul 29 2009 at 8:23 PM Rating: Default
Vagina Dentata,
what a wonderful phrase
******
30,106 posts
The Great BrownDuck wrote:
Annabella, Goblin in Disguise wrote:
You're funny when you are indignant.


And you're not amusing when you behave like a child. Sadly, this is more often the case than not.


And you get funnier by the minute. Maybe if I get you angry enough, you'll write some nonsensical spam script or some such shenanigans that you get into when your honor is sullied.
____________________________
Turin wrote:
Seriously, what the f*ck nature?
#507 Jul 29 2009 at 8:29 PM Rating: Excellent
The Great BrownDuck wrote:
Nothing you just said invalidates my response to you. Yes, these two cases limited the scope of the ruling and restricted the wording severely. However, if a municipality were to construct such a law that states it is unlawful to verbally address an officer in such a way that attempts to provoke the officer into a response, it would likely be upheld. Therefore, my original statement that the right to verbally abuse an officer depends on local ordinances is still a perfectly valid statement.
It's not likely that such an ordinance would be upheld. The courts have traditionally, and rightfully, placed content-based restrictions on speech under extreme scrutiny. Absent compelling reason, such an ordinance would not pass constitutional muster.

Quote:
Your underlying argument here is that calling an officer an @#%^ is likely protected under free speech, and I would agree. However, telling the officer you're going to kick his *** or "you haven't heard the last from me" can easily be interpreted as "fighting words" and thus is unlikely to be protected by free speech in the presence of a well-constructed law forbidding such language. Whether such a law exists, as I first stated, entirely depends on local and state ordinance.
Threatening an officer would constitute assault in jurisdictions that define assault as having a menace clause, and would fall under the fighting words exception in jurisdictions where it is not. Saying "you haven't heard the last from me" would not be covered under the fighting words doctrine as recently applied as it does not present a direct, personal verbal attack with the intent to incite an immediate breech of peace.

Quote:
I'd be willing to concede that the law is more restrictive than presented in my original citation if you're willing to admit that language directed at an officer that can reasonably be interpreted as intending to provoke a response (aka "fighting words") is still unprotected by free speech law and thus potentially restricted or prohibited by local ordinance.
The intent required to meet a fighting words definition is very limited and would not generally apply in situations like this, even ignoring the general tendency of the federal courts, and the actual rulings of the Mass. courts, that find that police officers are harder to incite to a reaction. That is to say, for lack of a better way of putting it, it's more OK to be an *** to a cop than to a civilian because the cop is expected to be less reactive in general.
#508 Jul 29 2009 at 10:51 PM Rating: Excellent
Who cares about Gates anymore? There's gonna be a Reunion!

Screenshot
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#509 Jul 29 2009 at 11:20 PM Rating: Good
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Where's NixNot to help Mindel push this thread firmly into gay sex land, so we can stop going back and forth with the legal case quotes?
#510 Jul 30 2009 at 12:42 AM Rating: Excellent
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3,909 posts
Annabella, Goblin in Disguise wrote:
You are all over the place. Seems like you are trying to justify your thoughts about this case despite their contradiction with some belief system that you purport to have.


I don't know how much simpler I can make this. I think this is a case of two guys being ******** to each other, and one of them was a cop. Maybe the asshattery was racially motivated! It's possible. It's also entirely possible that the officer - the one who hasn't given any indication of being a racist ever before now - thought that Gates was just some uppity black man who needed to know his place. I think it's much more plausible that this is a case of two guys PMSing on a front lawn because they have stressful jobs, and not a case of a black man valiantly fighting to defend his rights against a malevolent and racially prejudiced officer of the law.

Quote:
Also this:

Quote:
If Gates had organised, I don't know, a pride march that ended in a violent riot leaving several wounded or dead,


isn't what happened at Stonewall.


Believe it or not, I wasn't even thinking of Stonewall when I wrote it.

This is what I mean when I say you're making this more complicated then it needs to be. You're reading way too much into what I'm saying.

Pensive wrote:
Well, free speech is pretty @#%^ing important in my opinion, and that includes the freedom to tell an officer to go to hell and @#%^ himself, with any extent of vehemence and color, provided that you aren't trying to hurt him. That should honestly be par for the course even in public, but this case isn't even that. It's on Gate's own goddamned property. Racially motivated or not, I don't care in regards to that particular offense. It's bad if it was racially motivated but even if it wasn't, at all, this would be a breach of justice. Gate's being black is icing on the sh*t cake, turning an ordinary abuse of power into a racial abuse of power.


Look, there's a certain fine line between criticising a misuse of police authority - a misuse that was not even present until Gates was, in fact, arrested - and telling an officer to go **** himself. The first has positive intentions and will in a decent world have positive outcomes. The other is something idiots do. Gates is an insanely smart person, but everyone does stupid **** sometimes, and telling a police officer - who up until then had been working well within reasonable parameters - that he should go **** himself is some pretty stupid **** where I live.

I'm not going to blame a guy for being in a ****** mood, but I don't see how you can say that Gates was reacting to an abuse of authority or an infringement on his rights when there was no abuse or infringement present until after he'd started shouting at the cop.

This isn't a case of an officer breaking into Gate's home, molesting his children and administering a savage beating. This is a cop responding to a false burglary call and getting pissy when Gates got angry at him for doing his damn job.
#511 Jul 30 2009 at 1:32 AM Rating: Good
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Quote:
The first has positive intentions and will in a decent world have positive outcomes. The other is something idiots do.


Let's see if I can illustrate this...

Why exactly is telling a police officer to go **** himself any ore idiotic than telling someone on a message board to go **** themselves, or someone on messenger, or someone you don't like in real life, like the dude who took your lunch money in highschool? Oh I don't dispute that it is, in fact, idiotic, or at least self-destructive, to say that to an officer, but why?

It's because you're afraid that he's going to abuse his power to get you into legal trouble just because he can treat you differently than you can treat him in virtue of his position, and the acceptance of this fact, that the police are going to **** you over if you aren't polite to them, is so ingrained, so accepted by the public, that questioning that is idiotic, unthinkable, and not even worth talking about.

That, my friend, the fact that we not only are afraid, but accept that we should be, is *********
#512 Jul 30 2009 at 2:50 AM Rating: Decent
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It's not often I agree with Pensive.
#513 Jul 30 2009 at 2:56 AM Rating: Good
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Pensive the Ludicrous wrote:
Why exactly is telling a police officer to go @#%^ himself any ore idiotic than telling someone on a message board to go @#%^ themselves, or someone on messenger, or someone you don't like in real life, like the dude who took your lunch money in highschool? Oh I don't dispute that it is, in fact, idiotic, or at least self-destructive, to say that to an officer, but why?


Because a police officer, like a forum moderator, has to play by different rules. If you insult a police officer, he can't insult you back. He can't risk escalating the situation. He'd be risking his job by doing so: even very minor complaints towards an officer's behaviour can result in investigation, suspension, and a lot of hassle. They're expected to use their extraordinary legal powers as necessary to keep the peace, not to lord it over us lesser citizens. That's the key: keeping the peace. It's their raison d'etre.

It just so happens that when Bob Random is telling Joe Cop to go @#%^ himself and he refuses to shut up, then the best possible option in regards to keeping the peace is to temporarily arrest Bob Random. Joe Cop can't tell Bob Random to go @#%^ himself because that's not keeping the peace. That's starting a fight. So what does Joe Cop do? He informs Bob Random that he's under arrest and gives him a night in the cell to rethink his policy of telling cops exactly where they can shove their nightsticks. Bam: peace restored.

There's a reason you can't start threads about how much of a jackass Kaolian is. It's because Kaolian can't start threads about how much of a jackass you are. We love and treasure our right to free speech, but exercising it trivially and rudely just to show the police exactly how much you appreciate their hard work is...well, pure asshattery.

Edited, Jul 30th 2009 11:00am by zepoodle
#514 Jul 30 2009 at 2:58 AM Rating: Excellent
Goggy wrote:
It's not often I agree with Pensive.


Pensive is clever, and I agree with him more often than not, but I think he needs to go out a bit more. He's a bit like the guy in the Alchemist who spends all this time reading books. But then he meets the guy who gets all his views from the outside world, and they both realise that they need to diversify their sources of learning.

I think that's what will happen to Pensive. Except the guy will be a girl. And he will fuck her.

Anyone else wants their future read?


Edited, Jul 30th 2009 10:59am by RedPhoenixxx
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#515 Jul 30 2009 at 3:07 AM Rating: Excellent
zepoodle wrote:
It just so happens that when Bob Random is telling Joe Cop to go @#%^ himself and he refuses to shut up, then the best possible option in regards to keeping the peace is to temporarily arrest Bob Random. Joe Cop can't tell Bob Random to go @#%^ himself because that's not keeping the peace. That's starting a fight. So what does Joe Cop do? He informs Bob Random that he's under arrest and gives him a night in the cell to rethink his policy of telling cops exactly where they can shove their nightsticks. Bam: peace restored.


********* The options available to teh police officer are not limited to either insulting the guy back, or arresting him and putting him in a cell. The officer could simply try to calm the person down, while himself remaining calm and collected. I'm pretty sure police officers go on courses where they learn how to defuse potentially explosive situations through dialogue and mediation. Had the cop shownn an ounce of common sense, he would've apologised to Gates, explained the situation calmly, and no one would've ever heard about this.

I spent a night shift with a police car unit in london a few months ago. We did the Friday night shift, from 7 in the evening to 7 in the morning. It was the Camden/Kings Cross/Holborn area of London, which is jam-packed on a Firday night, as its full of clubs and bars and pubs. We got called to 5 or 6 fights/brawls/drunken arguments, and the officers were incredible in remaining calm under pressure. They were insulted by drunken revellers on more than one occasion, and not once did they take the person in for "insulting a police officer". They simply talked to the guy in a reasonable and respectful manner, explained what they were doing, and used commone sense. It calmed everyone down.

That's what the cop should've done in that situation. Instead of taking it personally like a 5 year old kid whose authority is being challenged, you take the high-ground and calm the person down. It's not rocket-science, and it's the least you should accept from a police force in the developped world.
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#516 Jul 30 2009 at 3:22 AM Rating: Decent
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RedPhoenixxx wrote:
********* The options available to teh police officer are not limited to either insulting the guy back, or arresting him and putting him in a cell. The officer could simply try to calm the person down, while himself remaining calm and collected. I'm pretty sure police officers go on courses where they learn how to defuse potentially explosive situations through dialogue and mediation. Had the cop shownn an ounce of common sense, he would've apologised to Gates, explained the situation calmly, and no one would've ever heard about this.

I spent a night shift with a police car unit in london a few months ago. We did the Friday night shift, from 7 in the evening to 7 in the morning. It was the Camden/Kings Cross/Holborn area of London, which is jam-packed on a Firday night, as its full of clubs and bars and pubs. We got called to 5 or 6 fights/brawls/drunken arguments, and the officers were incredible in remaining calm under pressure. They were insulted by drunken revellers on more than one occasion, and not once did they take the person in for "insulting a police officer". They simply talked to the guy in a reasonable and respectful manner, explained what they were doing, and used commone sense. It calmed everyone down.

That's what the cop should've done in that situation. Instead of taking it personally like a 5 year old kid whose authority is being challenged, you take the high-ground and calm the person down. It's not rocket-science, and it's the least you should accept from a police force in the developped world.


I thought that went without saying.

Edit: What I mean is that all cops do that. It's like, eighty percent of what cops do. Presumably, it was what Crowley tried first with Gates, but I guess it didn't work. That was what I meant when I said

Me wrote:
It just so happens that when Bob Random is telling Joe Cop to go @#%^ himself and he refuses to shut up, then the best possible option in regards to keeping the peace is to temporarily arrest Bob Random


If someone's dead set on starting a fight with a policeman and doesn't back down or react to mediation, then arrest is the last option. That's not entirely what I think happened here. The responsibility for the whole shebang here lies heavily with Crowley for overreacting to Gate's behaviour. The point I was getting across is that the cop certainly can't fight back in the situation. He's expected to be nice when other people are rude.

Edited, Jul 30th 2009 11:31am by zepoodle
#517 Jul 30 2009 at 3:32 AM Rating: Good
zepoodle wrote:
I thought that went without saying.

Edit: What I mean is that all cops do that. It's like, eighty percent of what cops do. Presumably, it was what Crowley tried first with Gates, but I guess it didn't work.


Yeah, well, I apparently thought it needed saying.

If Crowley tried, he certainly didn't try very hard. Even in his transcript you could feel he was a bit assholey. He felt his authority was being challenged, didn't like it, and arrested the guy. Had he stated his name and badge number when Gates asked for it, and then proceeded to say something like "It seems everything is fine, sorry for having disturbed you and wated your time. We'll be leaving now" everything would've been fine.

It seems to me as though the cops were more interested in saving face and in having their authority unchallenged, than in trying to find a peaceful and amicable solution to what was really a non-problem.
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#518 Jul 30 2009 at 5:42 AM Rating: Default
Omega,

I just have one question....WHERE'S SCREECH?!
#519 Jul 30 2009 at 6:29 AM Rating: Decent
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RedPhoenixxx wrote:
zepoodle wrote:
I thought that went without saying.

Edit: What I mean is that all cops do that. It's like, eighty percent of what cops do. Presumably, it was what Crowley tried first with Gates, but I guess it didn't work.


Yeah, well, I apparently thought it needed saying.

If Crowley tried, he certainly didn't try very hard. Even in his transcript you could feel he was a bit @#%^y. He felt his authority was being challenged, didn't like it, and arrested the guy. Had he stated his name and badge number when Gates asked for it, and then proceeded to say something like "It seems everything is fine, sorry for having disturbed you and wated your time. We'll be leaving now" everything would've been fine.

It seems to me as though the cops were more interested in saving face and in having their authority unchallenged, than in trying to find a peaceful and amicable solution to what was really a non-problem.
I don't think police are trained to make nicey-nice. They're trained to exude authority. Gates didn't do anything illegal as far as I can tell. Presumably, you don't have to do anything illegal to get arrested though. That's what stinks.

The woman that shows up at the Bush rally wearing a donkey t-shirt is doing nothing wrong, but gets arrested simply to get her out of the way. The cops know full well that there are no charges to hold her and she'll be released after 24 hours - after the rally.

Seems that in todays paranoid society we are much more forgiving of unjustifiable arrests and it's become an easy-way-out technique for police in uncomfortable, albeit legal, situations. I don't like it, it's like it's a temporary pass from abiding by our constitution.
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#520 Jul 30 2009 at 6:55 AM Rating: Good
Elinda, Guardian of the Glade wrote:
I don't think police are trained to make nicey-nice. They're trained to exude authority. Gates didn't do anything illegal as far as I can tell. Presumably, you don't have to do anything illegal to get arrested though. That's what stinks.
No, they really are trained to de-escalate situations. The idea is to not arrest people if possible. Arrests mean paperwork and lots of inconvenience for the officer and the arrestee alike. This training is such a core of police education that it is a consideration when applying disorderly conduct laws.
#521 Jul 30 2009 at 7:06 AM Rating: Good
zepoodle wrote:
I thought that went without saying.

Edit: What I mean is that all cops do that. It's like, eighty percent of what cops do. Presumably, it was what Crowley tried first with Gates, but I guess it didn't work. That was what I meant when I said

Me wrote:
It just so happens that when Bob Random is telling Joe Cop to go @#%^ himself and he refuses to shut up, then the best possible option in regards to keeping the peace is to temporarily arrest Bob Random


If someone's dead set on starting a fight with a policeman and doesn't back down or react to mediation, then arrest is the last option. That's not entirely what I think happened here. The responsibility for the whole shebang here lies heavily with Crowley for overreacting to Gate's behaviour. The point I was getting across is that the cop certainly can't fight back in the situation. He's expected to be nice when other people are rude.


So why did he arrest him? Wouldn't have just climbing back into his police car and driving away kept the peace? Especially when it was decided that no law was broken?
#522 Jul 30 2009 at 7:17 AM Rating: Good
Vagina Dentata,
what a wonderful phrase
******
30,106 posts
Mindel wrote:
Elinda, Guardian of the Glade wrote:
I don't think police are trained to make nicey-nice. They're trained to exude authority. Gates didn't do anything illegal as far as I can tell. Presumably, you don't have to do anything illegal to get arrested though. That's what stinks.
No, they really are trained to de-escalate situations. The idea is to not arrest people if possible. Arrests mean paperwork and lots of inconvenience for the officer and the arrestee alike. This training is such a core of police education that it is a consideration when applying disorderly conduct laws.


If this situation is as the officer describes it, he has a pretty low threshold for conflict--I've had to deescalate people who were acting much more off the wall. You have to let **** that people give you roll off your back, otherwise, you won't survive your job. What people almost WILL press charges for are direct threats--direct, provable threats. Otherwise, this **** should have been cake for a guy this experienced--I mean Jesus.
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Turin wrote:
Seriously, what the f*ck nature?
#523 Jul 30 2009 at 7:17 AM Rating: Decent
Belkira the Tulip wrote:
So why did he arrest him? Wouldn't have just climbing back into his police car and driving away kept the peace? Especially when it was decided that no law was broken?
Can't have some uppity, colored college professor think that just because he's richer, smarter, and occupies a position of higher status and prestige in society, he's better than me.
#524 Jul 30 2009 at 7:17 AM Rating: Decent
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Mindel wrote:
Elinda, Guardian of the Glade wrote:
I don't think police are trained to make nicey-nice. They're trained to exude authority. Gates didn't do anything illegal as far as I can tell. Presumably, you don't have to do anything illegal to get arrested though. That's what stinks.
No, they really are trained to de-escalate situations. The idea is to not arrest people if possible. Arrests mean paperwork and lots of inconvenience for the officer and the arrestee alike. This training is such a core of police education that it is a consideration when applying disorderly conduct laws.
Maybe it's regional but the cops in Maine are not trained to be sensitive - not in the same sense as a social-worker or DMV employee. My job required me to respond to emergencies with police/fire/EMT etc. Ive been required to take Personal Safety Training at our State Police Training Academy. We are certainly trained in recognizing and de-escalating situations and techniques to attempt to diffuse them. However it's a very different message than the more traditional personnel training in which we're taught effective listening, compromise techniques etc. In this training with the state police, we're taught different stances, postures - it's all about appearing unintimidated. A VERY different approach.

I don't know about the paper work generated from arrests, but in 2004, 1700 people were arrested at the RNC in New York - 75 of them were convicted. The 2008 party conventions were little different. This is definitely using 'arrest', regardless of constitutional rights, to control people.




Edited, Jul 30th 2009 5:21pm by Elinda
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#525 Jul 30 2009 at 7:21 AM Rating: Good
Quote:
I think that's what will happen to Pensive. Except the guy will be a girl. And he will **** her.

Anyone else wants their future read?


Do me! Do me!
#526 Jul 30 2009 at 7:24 AM Rating: Good
Kavekk wrote:
Quote:
I think that's what will happen to Pensive. Except the guy will be a girl. And he will @#%^ her.

Anyone else wants their future read?


Do me! Do me!


I'm next!
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