DISQUS

Say Anything: Are Police Officer's Comments About Obama On Private My Space Pages Protected Speech?

  • Benjamin Wright · 1 year ago
    From the point of view of an employer (like the Durham Police Dept.), social networking is tricky. On the one hand, sites like Myspace promote camaradarie. On the other hand, they can foster abuse, [url=http://computersafety.wordpress.com/2008/11/13/web-20-block-the-bad-allow-the-good/]which the employer needs to block[/url]. --Ben
  • eneils Bailey · 1 year ago
    We are entering into a whole new world of political discourse.

    For instance, hanging Sarah Palin in effigy, is a free expression of artistic rights.

    For instance, hanging Barrack Obama in effigy, is a hate crime.

    People, we have run off the tracks, there's something wrong here.
  • robert108 · 1 year ago
    If burning the American Flag is "free speech", why not this?
  • FHJR · 1 year ago
    Great Points. I personally dont think things like burning an American flag or hanging Sarah Palin in effigy should be tolerated. I dont think either of those things are protected under the first amendment. The first amendment is to protect a persons right to state their opinion on somthing freely and without penalty. Clearly the two morons in West Hollywood's opinion of Sarah Palin is that she should be hung. I would view that as a death threat, not a persons right to express themselves. The first amendment has been so terribly abused it discusts me.
  • mddc · 1 year ago
    robert108 -- what does the story above have to do with flag burning (other than that you can raise first amendment arguments about them, I guess)? For the record, I think both flag burning and what the officers said above should be allowed under the first amendment (as should burning in effigy, on either side). Not a fan of any of the tactics, but I believe they should be protected.

    Now, the question is, what's going to happen to the folks who partake in those tactics in terms of their professional lives? That's what the story is really about, and it's a legitimate question/concern. Just consider law enforcement officers, and go back to the O.J. case -- and I grant you that we have no idea what their comments were in the above story, so what follows only holds true if the comments were racially derogatory. Do you think maybe police officers who publicly put negative comments toward African Americans out in the public on the Internet might get torn apart in criminal court cases, as Mark Furhman was? And therefore hurt their departments reputation, and the ability to prosecute criminals who happen to be African American? Sure seems likely to me --

    So what are police departments to do? Allow this type of behavior by their officers even while they're off duty with the knowledge that future criminal cases could be compromised by their off duty actions, or uphold certain standards of conduct (that officers agree to when they sign on) to ensure the integrity of the law enforcement process?
  • robert108 · 1 year ago
    [quote]For the record, I think both flag burning and what the officers said above should be allowed under the first amendment (as should burning in effigy, on either side). Not a fan of any of the tactics, but I believe they should be
    protected.[/quote]

    Do you approve of "hate crime" laws? That is thought crime, whereas flag burning and hanging in effigy are actual crimes of action, not thought. I don't think the First Amendment has a damn thing to do with destroying our flag or simulating the torture and death of a political opponent. Both are acts of intimidation, designed to suppress the free speech of others who disagree with the ideology of the perpetrator. They are, in fact, the opposite of free speech.
  • robert108 · 1 year ago
    [quote]So what are police departments to do? Allow this type of behavior by their officers even while they're off duty with the knowledge that future criminal cases could be compromised by their off duty actions, or uphold certain standards of conduct (that officers agree to when they sign on) to ensure the integrity of the law enforcement process?
    [/quote]

    I think the officer is entitled to Due Process, starting with probable cause that a crime has been committed, or that your claim of compromising future cases can be proved to be true.
    Acting out of fear that someone might not like it is the essence of leftie tyranny. The law should be about facts, not feelings.
  • mddc · 1 year ago
    Wow, such instant hostility, robert108. Chill out.

    I'll go backwards in terms of responding to some of what you wrote. First off, there's no need for "due process" in my opinion of the officers; as I wrote, I think whatever they wrote on the Web is freedom of speech, so there's no legal process to consider. What I raised was the issue of how employers (in this case, the police department/legal infrastructure) should react -- nothing at all to with the legality of the act. Glad you were able to throw in one of your "leftie tyranny" statements, though I must admit I wished it had been one of your "leftie liar" comments.

    And also -- [quote]whereas flag burning and hanging in effigy are actual crimes of action, not thought[/quote] -- sorry, flag burning isn't an "actual crime" at all.
  • Pilgrim · 1 year ago
    r108,

    Officers under internal investigation ARE given due process rights under the Garrity Act.

    The use of a racial slur isn't a crime (if there was one used in this case) but an administrative violation of departmental rules of conduct.

    Under Garrity, any statement an officer makes in an internal investigation can't be used against him criminally anyway. Why? Because the officer is compelled to make that statement or be fired. And no statement made under compulsion is criminally admissible.
  • FHJR · 1 year ago
    mddc,

    [quote] For the record, I think both flag burning and what the officers said above should be allowed under the first amendment (as should burning in effigy, on either side). Not a fan of any of the tactics, but I believe they should be protected.
    [/quote]

    Why?
  • robert108 · 1 year ago
    [quote]-- sorry, flag burning isn't an "actual crime" at all.
    [/quote]

    Of course it is; destruction of property and destruction of a national symbol. What "free speech" purpose is being served by burning our national flag?
    If you think disagreement is "hostility", you are sadly mistaken.

    The probable cause and due process are appropriate in this case, since the officer is being denied his free speech rights, and faces actual losses as a result of his exercising his free speech rights in private.
  • FHJR · 1 year ago
    mddc,

    What is it that the officers said that you think should be protected?
  • Pilgrim · 1 year ago
    108:

    Probable cause isn't necessary in an internal (administrative) investigation. Only in criminal cases. And like I explained above, Garrity covers due process under the Police Officer's Bill of Rights unless the case turns criminal, and then Miranda applies.
  • robert108 · 1 year ago
    Pil: Thanks for the information, but I was commenting on the difference between some versions of protected speech(flag burning, hanging in effigy) and what a police officer does in his private life. I don't agree that the first two should be protected, but think that the police officer's should be.
  • realitybasedbob · 1 year ago
    Odd that burning our flag is the recognized procedure when decommissioning one.

    So it depends of the intention of the match striker.
  • robert108 · 1 year ago
    [quote]Odd that burning our flag is the recognized procedure when decommissioning one.

    So it depends of the intention of the match striker.[/quote]

    Wrong! Burning a worn out or damaged flag is allowed, but not a perfectly good one, or one which the burner has vandalized previously.

    You lie again.
  • Hawk · 1 year ago
    Burning your own flag should not be illegal. It is your flag. Burning somebody elses flag, that could be a crime. But it has nothing to do with the intent of the flag burner.

    Hanging somebody in effigy, to be a crime there would have to be something more to show a real threat. If you hang somebody in effigy on their own lawn, probably a threat. If it is done in West Hollywood, probably not a threat.

    The actions of these police officers, certainly not a crime. However, there is a code of conduct they agreed to. How can minority members of the public have any confidence in these officers willingness to protect them? This goes to their fitness to be a police officer. It these comments were racial than I think adminstrative actions, possibly up to firing are appropriate.
  • robert108 · 1 year ago
    [quote]How can minority members of the public have any confidence in these officers willingness to protect them?[/quote]

    Once again, if there is no evidence of any diminshed protection from these officers, this is just about feelings, not facts.

    Hanging someone in effigy is at least a hate crime, and if we allow some, why not all?
  • Anh · 1 year ago
    Even the KKK was smart enough to wear mask. Don't say anything in your own name you are not willing to say aloud in public.

    I probably agree with whatever racial slurs the officers say but I find better way of saying it.
  • Texan Across the Pond · 1 year ago
    Any negative comment or observation about The Hallowed One can be and will be called "racist". The Thought Police simply arrived 24 years later.
  • eneils Bailey · 1 year ago
    We are coming upon a Presidency that is going to be protected by "Hate Crime Laws."

    You will not be able to do and say the same things about Obama that the left did and said against George Bush.
    The "thought police " will be up your ass worse than a bad case of hemorrhoids.
  • Kenny · 1 year ago
    [quote]The actions of these police officers, certainly not a crime. However, there is a code of conduct they agreed to. How can minority members of the public have any confidence in these officers willingness to protect them? This goes to their fitness to be a police officer. It these comments were racial than I think adminstrative actions, possibly up to firing are appropriate.[/quote]

    Because they are critical of Barack Obama, the black community cannot count on these officers to protect them? That's assinine.

    That's like saying the white community cannot count on any officer who is critical of Bush.

    You're kidding right?
  • Hawk · 1 year ago
    [quote]Because they are critical of Barack Obama, the black community cannot count on these officers to protect them? That's assinine. [/quote]I'm assuming the comments were racist. If not than their should be no disciplinary actions.
  • Pilgrim · 1 year ago
    Hawk,

    The comments don't necessarily have to be racist to be investigated. Any complaint to Internal Affairs requires an investigation. Unfortunately this type of complaint makes news.

    Generally IA complaints are confidential pending the outcome. Someone leaked this.

    Political agenda? maybe.
  • Kenny · 1 year ago
    [quote]I'm assuming the comments were racist. If not than their should be no disciplinary actions. [/quote]

    That's quite the assumption. Because they were deregetory they must be racist? Maybe they called him a baby killer. Maybe they called him a filthy socialist. Or a racist himself.

    Just because they are investigated, doesn't mean there will be punishment.

    You hear "criticized Barack Obama" and assume it was racist. Something wrong with your brain.
  • robert108 · 1 year ago
    Personal opinions about anything fall under the First Amendment, regardless of content. The PC totalitarianism that seeks to make some personal opinions illegal is a direct violation of the First Amendment. If you make speech about content, then it's totalitarianism, not freedom.
  • Hawk · 1 year ago
    [quote]That's quite the assumption. Because they were deregetory they must be racist? Maybe they called him a baby killer. Maybe they called him a filthy socialist. Or a racist himself. [/quote]It was also part of the premise of Pilgrim's article.
  • Jerry · 1 year ago
    We've "Elected" a "Black" man..

    What?.. "Still" can't use the "N" word if you're white?

    What the hell do we have to do in order to have the same freedom of speach that is extended to African Americans?

    I thought whites were no longer considered "racist" prone, given the benefit of the doubt now?????

    Hey!
    I voted for BO to get this stuff off my back. Whaa Happen??
  • Kenny · 1 year ago
    [quote]It was also part of the premise of Pilgrim's article. [/quote]

    He said that could be it, but that it could also be nothing.

    He also said that IA investigations are confidential, but this one got leaked...maybe because of politics.
  • jpe · 1 year ago
    Obviously, private employers can (and do) regulate the off-duty speech of their employees. Anyone that has worked with a large-ish corporation knows that. The question is whether the rules that apply to private corps apply to government when it is the employer.

    If I recall correctly, there's a pretty decent sized corpus of law out there on this topic. Anyone that would like to find out what the answer is - as opposed to make asinine comparisons to hate crime laws - could do so.
  • 2Hotel9 · 1 year ago
    So, no crime was committed, and yet these Americans have been punished. Law suite time!! Line up, scumbag lawyer assholes, lots of money to steal here, you anti-American fuckbags.
  • Hal · 1 year ago
    Unfortunately, there are bad apples in every barrel. In my neck of the woods, check out our local Rambo wannabe. Kinda scary.

    http://profile.myspace.com/index.cfm?fuseaction...

    Have a great weekend folks, and keep up the good work here.

    Hal
  • Hoss · 1 year ago
    Freedom of speech is meant to protect unpopular speech. If somebody wants to burn a flag or hang someone in effigy, okay. The way I look at it is that this person is an a-hole and telling me exactly what he/she is all about. But people need to be consistent, if you're not gonna get pissed about someone hanging Palin in effigy, don't get pissed if Obama gets it too. Enough with the race card.

    Why would you possibly put your job in jeopardy by posting anything out there for the whole world to see (not a judgment on what these officers did or didn't do, just a general thought about maintaining a little discretion).
  • Man Train · 1 year ago
    Bush is a honkey.

    Oh, the oppression!
  • Man Train · 1 year ago
    You know, I think anti-religious speech should be considered hate speech.

    I think it should be illegal to say stuff like,

    "You'd have to be a complete f**king moron to believe that the world was made in seven days,"

    or

    "Whoever thinks he has spoken to 'God' is either lying or schizophrenic,"

    or

    "The world would be better off without Judeo-Christian religions,"

    or

    "Whoever wishes to convert others to their wackjob Fundamentalist religion is only doing so to secure themselves a place in an unprovable supermagicland after they die. These people are ultimately unenlightened and selfish."

    or

    "To deny Evolution is to deny that you have thumbs."
  • robert108 · 1 year ago
    Actually, morons who say stupid and bigoted things like that expose themselves as hate-filled assholes.
  • Man Train · 1 year ago
    [quote]Actually, morons who say stupid and bigoted things like that expose themselves as hate-filled assholes.[/quote]

    I agree. That's why it should be illegal. When I hear egghead liberals call me dumb n' shit I just wanna blow their faggy bigot heads off!

    I DO cling to my guns and religion! Those are the two things that have made America so great!
  • likwidshoe · 1 year ago
    Man Train, for a supporter of the "Fairness Doctrine" on the supposition that "hate speech" shouldn't be allowed, you're one hypocritical and hateful son of a bitch.

    I should now ban you on your own principle, censoring "hate speech" and all. Be careful what you wish for.
  • ollie-B · 1 year ago
    Like I said before:
    When you hold the power of life and death in your hands, their is no place for bigotry in your heart.
  • di butler · 1 year ago
    likwidshoe,



    PLEASE!
  • Proof · 1 year ago
    [quote]When I hear egghead liberals call me dumb...[/quote]I would think you'd be [i]used[/i] to it by now! And not just from liberals...
  • rob is a tool · 1 year ago
    [quote]Personally, I hope those officers weren't silly enough to say anything racially offensive about Obama[/quote]

    "silly" is how you would characterize racially offensive comments? the point isn't about what they said, but rather that you would deem the act as "silly" - you're a tool, rob.
  • Rob · 1 year ago
    I didn't write this post, genius. Pilgrim did, so your nickname should read "pilgrim is a tool."

    Learn to read, so that you look a bit less like a tool yourself.
  • 2Hotel9 · 1 year ago
    Which of our resident leftards does this suckpuppet belong to?
  • Man Train · 1 year ago
    [quote]Man Train, for a supporter of the "Fairness Doctrine" on the supposition that "hate speech" shouldn't be allowed, you're one hypocritical and hateful son of a bitch.

    I should now ban you on your own principle, censoring "hate speech" and all. Be careful what you wish for.
    [/quote]

    likwadsow,

    I was showing rhetorical examples. Did I not clearly state that I oppose such hateful comments?
  • 2Hotel9 · 1 year ago
    Obviously not, stupid ass. A leftarded moron like you expects to be cut some slack. Well, no. Get over yourself, you are simply another fucking moron that wants other people to "freight your ride", fuck you. Get a job and shut the fuck up.