cmac2012 |
07-30-2009 03:12 PM |
Quote:
Originally Posted by dculkin
(Post 2258095)
Those case snippets are unclear to me, but I think the result is the same under either statute. Gates had the right to be obnoxious and rude to the police, even when in public. At a minimum, I would think that right was protected by the First Amendment. Regardless of which disorderly conduct statute applied, those cases say that people can't be stopped from being obnoxious and/or rude.
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At what point does loud speech, especially if inflammatory, become disturbing the peace? Surely there is conduct that could be dismissed by some as mere freedom of speech that others will consider disturbing the peace.
I can't stand in front of someone's house and yell abusive words for long periods and call it simple freedom of speech.
Police arrogance and over reaction is a problem but were I in their shoes, I could imagine being a bit sensitive to the sort of loud verbiage (as in the story in your next post) that borders on incitement.
I'm not always happy with my encounters with police but I consider that nations without police are sometimes referred to as the western tribal areas of Pakistan or perhaps Somalia, IOW, lawless no man's lands. Police in Mexico are regularly assassinated. Police are usually going to be in the minority in any large crowd control situation and language that might incite others to join in an attack on them has to be something they are wary of.
It's a difficult conundrum. I've seen video of Miami police, for example, banging heads on peaceful demonstrators and it's hard to watch. I'm thinking that respect and courtesy under non challenging situations, such as existed when Crowley first knocked on Gates' door, will only help in making progress.
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