Monday, July 27, 2009

The Gates Situation

Radley Balko correctly points out that we are all missing the point:

The conversation we ought to be having in response to the July 16 incident and its heated aftermath isn't about race, it's about police arrest powers, and the right to criticize armed agents of the government.

By any account of what happened—Gates', Crowleys', or some version in between—Gates should never have been arrested. "Contempt of cop," as it's sometimes called, isn't a crime. Or at least it shouldn't be. It may be impolite, but mouthing off to police is protected speech, all the more so if your anger and insults are related to a perceived violation of your rights. The "disorderly conduct" charge for which Gates was arrested was intended to prevent riots, not to prevent cops from enduring insults. Crowley is owed an apology for being portrayed as a racist, but he ought to be disciplined for making a wrongful arrest.

Police officers deserve the same courtesy we afford anyone else we encounter in public life—basic respect and civility. If they're investigating a crime, they deserve cooperation as required by law, and beyond that only to the extent to which the person with whom they're speaking is comfortable. Verbally disrespecting a cop may well be rude, but in a free society we can't allow it to become a crime, any more than we can criminalize criticism of the president, a senator, or the city council. There's no excuse for the harassment or arrest of those who merely inquire about their rights, who ask for an explanation of what laws they're breaking, or who photograph or otherwise document police officers on the job.

What we owe law enforcement is vigilant oversight and accountability, not mindless deference and capitulation. Whether or not Henry Louis Gates was racially profiled last week doesn't change any of that.

Exactly. Whole thing here. On a more personal note, a local Atlanta cop shot my friend's dog this weekend in the dog's own yard. Disgusting abuse of power. Here is a Balko piece on dog-shootings.