Friday, August 21, 2009

Gates and the 1st amendment

There is a serious problem in this country: Police are overly sensitive to insults from those they confront. And one can hardly blame the confronted citizen, especially if the citizen is doing nothing wrong when confronted by official power. This is, after all, a free country, and if "free" means anything meaningful, it means being left alone--especially in one's own home--when one is not breaking the law.

Sgt. Crowley had every right to check on what was reported as a possible break and entry. But as soon as he realized that the occupant was entitled to be in the house, he should have left. He admits in his own police report that he was indeed able to ascertain Professor Gates' residency and hence right to be in the house.

As for Professor Gates' inquiries into the officer's identity and badge number (as Gates describes the confrontation) or his tirade against the officer (as Crowley reports), the citizen was merely--even if neither kindly nor wisely--exercising his constitutional right when faced with official power. Even if Professor Gates were wearing a "Fuck You, Cambridge Police" jacket, the officer would have been obligated to leave the house without its occupant in handcuffs.

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