Tuesday, July 28, 2009

A Follow Up! Anthony was just soooo Damn Right!

This is a great article and this is why Big Dog will always play in the pee wee leagues while Big Daddy Anthony plays on the dream team. Big Dog and other "mentally ill" people please learn the law(look up Commonwealth v. Lopiano)because you really made yourselves look really dumb. Your actions may work on stupid talk radio but in the real world you guys fall flat. This is a really good article and it cites that case. This article is by Adam Winkler. Btw don't write me unless you know the facts,give me a challenge.

Full article:
"On Thursday, President Obama weighed in on the arrest of African-American Harvard professor Henry Louis Gates, saying a Cambridge police officer "acted stupidly" when he arrested Gates for disorderly conduct. The next day, Obama backed down from his harsh comment.

Obama was right the first time.

I don't know if the police officer arrested Gates because of the Harvard professor's race. A lot of white people would say that if they mouthed off to a cop, they too would be arrested. But one thing is clear: Gates did not violate any law. Under Massachusetts law, which the police officer was supposedly enforcing, yelling at a police officer is not illegal. There are clear decisions of the Massachusetts courts holding that a person who berates an officer, even during an arrest, is not guilty of disorderly conduct. And yet that is exactly what Gates was arrested for.

The Massachusetts statute defining "disorderly conduct" used to have a provision that made it illegal to make "unreasonable noise or offensively coarse utterance, gesture or display," or to address "abusive language to any person present." Yet the courts have interpreted that provision to violate the Massachusetts Constitution's guarantee of freedom of speech. So police cannot lawfully arrest a person for hurling abusive language at an officer.

In several cases, the courts in Massachusetts have considered whether a person is guilty of disorderly conduct for verbally abusing a police officer. In Commonwealth v. Lopiano, a 2004 decision, an appeals court held it was not disorderly conduct for a person who angrily yelled at an officer that his civil rights were being violated. In Commonwealth v. Mallahan, a decision rendered last year, an appeals court held that a person who launched into an angry, profanity-laced tirade against a police officer in front of spectators could not be convicted of disorderly conduct.

So Massachusetts law clearly provides that Gates did not commit disorderly conduct.

The Cambridge Police should be training their officers to know the difference between legal and illegal conduct. What Gates did was probably not so smart -- in general, be nice to people carrying guns -- but it wasn't disorderly conduct. At least not in Cambridge, Massachusetts.

That explains why the charges against Gates were dropped. It wasn't because the police were trying to defuse the situation. It was because Gates had done nothing illegal.

Arresting someone for doing something that isn't illegal is pretty stupid.

Then again, perhaps Obama was wrong. Maybe the police officer wasn't acting stupidly. He was just acting abusively. That is even worse."


Anonymous said...

He said she said. Gates is a wealthy black hustler I doubt his thesis was even written that well. I have yet to find a copy of it. And his boy Obobo's records are as a thin as KFC soup.

The cop should have tased Gates...now that would have been funny as hell.

Please don't tase me you racist white boy. I'll fuck yo moma, if you tase. I be a smart black man.

Anonymous said...

WOW!!! bigDaddy just got a small tidbit of the case you wanted me to look up. This case and the one you posted are so different Bigdaddy, that you should read it for yourself.However i like being thorough and so far it seems to be a matter of discretion.

Oh and im so glad you are not screaming racial profiling like all the other fools.

The mere fact that this was on campus and where a substantial group of people had access and they began to congragate and given his racial tones towards a cop and plus the fact two warnings were given about his disorderly behaviour. All this didnt stop his charging tyrate wich got his ass arrested.So he assentially disobeyed an officers warning while trying to keep the peace. Is this considered obstruction?

Now getting arrested and getting charged are two different things. Im glad he didnt get charged because it would have easily been dropped due to his First Amendment right.However it doesnt mean a cop cant detain you to stop any further display or in fact riotous behavior on campus(penal code: deemed public area).

Heres what i know about you Bigdaddy. You said, on your show many times, how you have a healthy respect for the badge. You never had any problems with cops. One asked you why. I remember you saying because you are a yes sir no sir type of guy...i.e. very cooperative. Gates unhealthy respect lead him to get hauled off and later released.He gets hauled off for his actions and you defend him by saying its the cop acting stupidly. You appeared to be unbias at first blaming both parties so i dug into your psychi, but i knew deep down you didnt believe the shit you preached about respecting the badge and now this comes up it shows your racial bias and your lack of conviction in your own belief about respecting a badge.

The real issue here is Gates and his lack of respect for authority and also underlining his actions is racism.Notice how Barracks friends have huge racial issues. Now Glenn Beck assertions.

I am putting together more info on this disorderly behaviour thing(reading more penal codes for that area...etc) and quite frankly he should have been arrested and guess what he was.

On a personal note. Gates would have had his cane shoved up his ass talking to me in that tone. That Bigdaddy is why im not a cop. Because by law i couldnt be as thick skinned as a cop is told to be.

Heres the kicker dont accuse a white man of racism, call him out using MOMMA slams and ignore verbal commands while a peace officer is trying to do his job. This will surelly get you arrested, may not get your charged, but is sure defuses the situation and potential riotous behaviour.