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	<title>Comments on: D.C. lawyer arrested for expressing contempt towards police</title>
	<atom:link href="http://carlosmiller.com/2009/07/30/dc-lawyer-arrested-for-expressing-contempt-towards-police/feed/" rel="self" type="application/rss+xml" />
	<link>http://carlosmiller.com/2009/07/30/dc-lawyer-arrested-for-expressing-contempt-towards-police/</link>
	<description>It's a First Amendment Right</description>
	<lastBuildDate>Sun, 26 Jun 2011 02:03:25 +0000</lastBuildDate>
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		<title>By: segdae22</title>
		<link>http://carlosmiller.com/2009/07/30/dc-lawyer-arrested-for-expressing-contempt-towards-police/#comment-21502</link>
		<dc:creator>segdae22</dc:creator>
		<pubDate>Mon, 29 Mar 2010 21:30:46 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7508#comment-21502</guid>
		<description>As stated by many of the above posters, the law on the books in DC states:

Whoever, with intent to provoke a breach of the peace, or under circumstances such that a breach of the peace may be occasioned thereby: (1) acts in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others; [...]

Now, is that aspect of the law unconstitutional?  Most likely but that really IS a case for the courts.  Unfortunately, under the law, the cop had the right to make the arrest even though he shouldn&#039;t have.  This is a clear violation of freedom of speech but not on behalf of the cop but rather on behalf the city ordinance.

But if thats the case and the cop can arrest him for &quot;acts in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others&quot; then why was the cop not arrested for calling the defendant a &quot;faggot&quot;.  As a gay man, I find that term HIGHLY offensive, especially coming from a public servant.  So the cop has also violated the ordinance and should be arrested for disturbing the peace.</description>
		<content:encoded><![CDATA[<p>As stated by many of the above posters, the law on the books in DC states:</p>
<p>Whoever, with intent to provoke a breach of the peace, or under circumstances such that a breach of the peace may be occasioned thereby: (1) acts in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others; [...]</p>
<p>Now, is that aspect of the law unconstitutional?  Most likely but that really IS a case for the courts.  Unfortunately, under the law, the cop had the right to make the arrest even though he shouldn&#8217;t have.  This is a clear violation of freedom of speech but not on behalf of the cop but rather on behalf the city ordinance.</p>
<p>But if thats the case and the cop can arrest him for &#8220;acts in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others&#8221; then why was the cop not arrested for calling the defendant a &#8220;faggot&#8221;.  As a gay man, I find that term HIGHLY offensive, especially coming from a public servant.  So the cop has also violated the ordinance and should be arrested for disturbing the peace.</p>
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		<title>By: Michaelk42</title>
		<link>http://carlosmiller.com/2009/07/30/dc-lawyer-arrested-for-expressing-contempt-towards-police/#comment-14160</link>
		<dc:creator>Michaelk42</dc:creator>
		<pubDate>Tue, 04 Aug 2009 20:06:28 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7508#comment-14160</guid>
		<description>@Pinandpuller

Dude. WHICH upside-down-american-flag-cop story?

I think the one I remember had a porch and a deputy invading a house or something. Don&#039;t remember if it was Texas or not.</description>
		<content:encoded><![CDATA[<p>@Pinandpuller</p>
<p>Dude. WHICH upside-down-american-flag-cop story?</p>
<p>I think the one I remember had a porch and a deputy invading a house or something. Don&#8217;t remember if it was Texas or not.</p>
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		<title>By: Foo Bar</title>
		<link>http://carlosmiller.com/2009/07/30/dc-lawyer-arrested-for-expressing-contempt-towards-police/#comment-14128</link>
		<dc:creator>Foo Bar</dc:creator>
		<pubDate>Mon, 03 Aug 2009 17:05:15 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7508#comment-14128</guid>
		<description>The way we solve this is to require police to wear audio/video recorders that record all the actions they take and all the actions that occur around them as long as they are on duty.  Then there is a record of both their legal and illegal action.  As soon as we require this, the problems will stop.  Video recorders are now as small as cell phones and smart phones can have 32 GB or more of memory, enough for 40 or more hours of high quality A/V recording.  We should demand police and other armed public servants submit to recording while they are armed and on duty.</description>
		<content:encoded><![CDATA[<p>The way we solve this is to require police to wear audio/video recorders that record all the actions they take and all the actions that occur around them as long as they are on duty.  Then there is a record of both their legal and illegal action.  As soon as we require this, the problems will stop.  Video recorders are now as small as cell phones and smart phones can have 32 GB or more of memory, enough for 40 or more hours of high quality A/V recording.  We should demand police and other armed public servants submit to recording while they are armed and on duty.</p>
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		<title>By: Mathemagician</title>
		<link>http://carlosmiller.com/2009/07/30/dc-lawyer-arrested-for-expressing-contempt-towards-police/#comment-14087</link>
		<dc:creator>Mathemagician</dc:creator>
		<pubDate>Sat, 01 Aug 2009 03:02:20 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7508#comment-14087</guid>
		<description>Isn&#039;t the Mickey Mouse stuff by Hollywood cops enough to scare the wits out of everyone? Listen to how accustomed those guys sounded to just manifesting it all from thin air. This case is no different. You could also make a case that it was a hate-influenced arrest.</description>
		<content:encoded><![CDATA[<p>Isn&#8217;t the Mickey Mouse stuff by Hollywood cops enough to scare the wits out of everyone? Listen to how accustomed those guys sounded to just manifesting it all from thin air. This case is no different. You could also make a case that it was a hate-influenced arrest.</p>
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		<title>By: Mathemagician</title>
		<link>http://carlosmiller.com/2009/07/30/dc-lawyer-arrested-for-expressing-contempt-towards-police/#comment-14085</link>
		<dc:creator>Mathemagician</dc:creator>
		<pubDate>Sat, 01 Aug 2009 02:54:37 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7508#comment-14085</guid>
		<description>Edin Tally: Yeah they should get another goddamn career, but why would they when they can get away with incidents like this one by lying to a jury because their word is more than that of a citizen&#039;s? Remember: anger issues generally means they want to let it out and where better than the general population?</description>
		<content:encoded><![CDATA[<p>Edin Tally: Yeah they should get another goddamn career, but why would they when they can get away with incidents like this one by lying to a jury because their word is more than that of a citizen&#8217;s? Remember: anger issues generally means they want to let it out and where better than the general population?</p>
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		<title>By: Carlos Miller</title>
		<link>http://carlosmiller.com/2009/07/30/dc-lawyer-arrested-for-expressing-contempt-towards-police/#comment-14074</link>
		<dc:creator>Carlos Miller</dc:creator>
		<pubDate>Fri, 31 Jul 2009 23:14:05 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7508#comment-14074</guid>
		<description>Tom,

Here is the cop&#039;s side of the story.

&lt;em&gt;A police spokeswoman said Tuma&#039;s complaint is being investigated but would not comment further. &lt;/em&gt;

Feel better?

http://www.washingtonpost.com/wp-dyn/content/article/2009/07/30/AR2009073003955.html</description>
		<content:encoded><![CDATA[<p>Tom,</p>
<p>Here is the cop&#8217;s side of the story.</p>
<p><em>A police spokeswoman said Tuma&#8217;s complaint is being investigated but would not comment further. </em></p>
<p>Feel better?</p>
<p><a href="http://www.washingtonpost.com/wp-dyn/content/article/2009/07/30/AR2009073003955.html" rel="nofollow">http://www.washingtonpost.com/wp-dyn/content/article/2009/07/30/AR2009073003955.html</a></p>
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		<title>By: steveo</title>
		<link>http://carlosmiller.com/2009/07/30/dc-lawyer-arrested-for-expressing-contempt-towards-police/#comment-14064</link>
		<dc:creator>steveo</dc:creator>
		<pubDate>Fri, 31 Jul 2009 20:38:21 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7508#comment-14064</guid>
		<description>I just can&#039;t believe that more cops don&#039;t have a sense of humor. I would have gone over to the guy and told him, &quot;You sing I hate the police and I&#039;ll sing I hate criminals and we&#039;ll do a duet&quot; and see if we can get it on you tube.</description>
		<content:encoded><![CDATA[<p>I just can&#8217;t believe that more cops don&#8217;t have a sense of humor. I would have gone over to the guy and told him, &#8220;You sing I hate the police and I&#8217;ll sing I hate criminals and we&#8217;ll do a duet&#8221; and see if we can get it on you tube.</p>
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		<title>By: EdinTally</title>
		<link>http://carlosmiller.com/2009/07/30/dc-lawyer-arrested-for-expressing-contempt-towards-police/#comment-14063</link>
		<dc:creator>EdinTally</dc:creator>
		<pubDate>Fri, 31 Jul 2009 20:21:58 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7508#comment-14063</guid>
		<description>An officer&#039;s badge is a de facto &quot;Shit Shield&quot;.  

If you can&#039;t handle taunts:  get a new career

If you don&#039;t like being called names:  get a new career

If you can&#039;t control your anger:  get a new career

Aaron, given your statements, you are either not really a cop OR you should get a new career.  It isn&#039;t a job for boys who like shiny toys.

Almost forgot:  I smell wealth redistribution!</description>
		<content:encoded><![CDATA[<p>An officer&#8217;s badge is a de facto &#8220;Shit Shield&#8221;.  </p>
<p>If you can&#8217;t handle taunts:  get a new career</p>
<p>If you don&#8217;t like being called names:  get a new career</p>
<p>If you can&#8217;t control your anger:  get a new career</p>
<p>Aaron, given your statements, you are either not really a cop OR you should get a new career.  It isn&#8217;t a job for boys who like shiny toys.</p>
<p>Almost forgot:  I smell wealth redistribution!</p>
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		<title>By: NYCPhotorights</title>
		<link>http://carlosmiller.com/2009/07/30/dc-lawyer-arrested-for-expressing-contempt-towards-police/#comment-14062</link>
		<dc:creator>NYCPhotorights</dc:creator>
		<pubDate>Fri, 31 Jul 2009 20:18:49 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7508#comment-14062</guid>
		<description>Uttering the phrase &quot;I hate the police&quot; is a constitutionally protected opinion. It is directed against a government institution which we have every right to criticize and/or oppose. Any law that s used to prohibit such speech is unconstitutional. I would like to see this case go to the Supreme Court if it has to and I hope the police force that arrested this man is sued for megabucks!!</description>
		<content:encoded><![CDATA[<p>Uttering the phrase &#8220;I hate the police&#8221; is a constitutionally protected opinion. It is directed against a government institution which we have every right to criticize and/or oppose. Any law that s used to prohibit such speech is unconstitutional. I would like to see this case go to the Supreme Court if it has to and I hope the police force that arrested this man is sued for megabucks!!</p>
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