You may remember Officer Justin Barrett, a Boston police officer who inserted himself into the Henry Gates controversy by sending out an inflammatory, racist e-mail to friends and media outlets in which he referred to Professor Gates as a "banana eating jungle monkey." Now, he's claiming that his first amendment right to free speech is being infringed upon and that the Boston PD violated his civil rights by suspending him:

Justin Barrett, the Boston police officer suspended from the force for his e-mail likening Harvard professor Henry Louis Gates Jr., to a “banana-eating jungle monkey,’’ has filed a lawsuit against the Police Department, police commissioner, and mayor, saying the city violated his civil and due process rights.

The 18-page lawsuit accuses the three parties of “conspiring to intentionally inflict emotional distress and conspiring to intentionally interfere with the property rights, due process rights, and civil rights of the plaintiff.’’

According to the lawsuit, the mayor and commissioner’s actions caused Barrett pain and suffering, mental anguish, emotional distress, posttraumatic stress, sleeplessness, indignities and embarrassment, degradation, injury to reputation, and restrictions on personal freedom. Read on...

Barrett and his Lawyer are trying to conflate criticism of speech and free speech itself just like Sarah Palin has in the past -- criticizing my free speech is taking away my free speech.

As the story of the arrest of Professor Henry Gates has unfolded, this was bound to happen. Apparently, the Boston Police Department now has their own Mark Fuhrman:

A Boston police officer allegedly sent a mass e-mail using a disgraceful racial slur in referring to Harvard University professor Henry Louis Gates Jr., prompting the commissioner to move immediately to fire the cop, the Herald has learned.

Officer Justin Barrett, 36, a two-year veteran assigned to District B-3, was placed on administrative leave pending a termination hearing yesterday afternoon. When a supervisor confronted Barrett about the e-mail - in which he called Gates a “jungle monkey” - he admitted to being the author, according to officials.

Police Commissioner Edward Davis immediately stripped the cop of his gun and badge, according to officials. Barrett, who could not immediately be reached, has no prior disciplinary history. Read on...

I've tried to understand the minds of scum like this, but it only ends in excruciating pain -- every time. With all the racist hate being spewed on right wing radio and television, it's no wonder guys like Barrett are worked up to the point where they can no longer control their hatred. I guess this would be another one of those "teachable moments?"

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I love navel-gazing on the part of the media, where they decide collectively that they were right to create a meme which takes over the media. On this weekend's The Chris Matthews Show, pundits Howard Fineman, Michael Duffy and Ceci Connolly agree that it was appropriate for them to ask President Obama about the arrest of Henry Louis Gates, Jr., because "it's an important issue."

MATTHEWS: It’s all about identity politics again, and at the same time these people on the far, far right are talking about whether he’s a citizen or not, this comes up.

DUFFY: And when the White House Press Secretary calls it a ‘distraction’, you know it was a mistake. And his mistake was pretty simple, which was that he didn’t really have all the facts, and was not in a position to talk about it. He was right to take it up, because it is an issue that is important, and it’s one in which he is completely versed, and you can see from the rest of his statement, that he knows exactly what to say. But I also think it came at the end of that press conference, which was about a completely different subject, and I think he was a little punchy by then. He was talking about you know what would happen to him in the White House, and it was a joke and he kind of lost the seriousness of the moment and I think got off track…

MATTHEWS: Yeah, I agree with that, the moment was important. I think he was a little angry, a little fatigued. These guys get up at five in the morning and this was eight at night. Is this going to be around a while?

Get the meme? Obama the angry black man being asked to speak on behalf of the entire African American community--and you know he is versed in this. Howard Fineman sort of treads along the edges of why even asking Obama his opinion of Gates' arrest was racist (because, honestly, can you imagine the media doing this to President McCain, had he won? I don't think so), without fully realizing it:

FINEMAN: ...(T)he progress that he made—the Sotomayor nomination—she did convince people, by her bearing, by her knowledge, by her experience, that she was eminently qualified and in that sense, was beyond this. Both of her race, but beyond it. This is not what Barack Obama’s political advisors wanted him to be doing up there. Because it turns it into a racial conversation, per se, at a time when he’s being president of all the country. And trying to be president of all the country and this feeds into the narrative of what I call the RNC—the Rush Newt Cheney RNC—which is all about fear, accusation and division. Barack Obama as president has to be about national unity.

Apparently to Howard, Barack Obama has been doing a good job up until this point of not making white Americans realize that he's African American and making them feel comfortable with other people of color. But now, Howard's worried that Obama has lost his white constituency:

FINEMAN: He went to great lengths as a candidate, to say that he could be president of all America. He understood all the different cultures and wanted to learn about all the different cultures of America. This kind of thing sets him back with working class whites.

Sigh. Can I remind you bobbleheads that it was YOU collectively that raised this subject? This was a local issue, albeit with a semi-famous person involved. This is not a federal issue, nor did it need to be addressed by the President of the United States, especially since the only justification for it is that Obama and Gates outwardly share a skin color (although both are of mixed-race heritage). Isn't it reasonable to assume that the President of the United States has enough on his plate without being thrust the mantle of spokesman for the entire African American community and trying to make white people more comfortable with the age-old issue of racial profiling?

As far as Gates is concerned, there was no clear cut right or wrong on his arrest; both sides escalated the situation beyond where it should have gone. But in terms of pulling Barack Obama into the debate and letting it take over the news cycles for days and days when very real issues (um Afghanistan, any one? Health care reform? The economy? Any of those ring a bell?) are left undiscussed is simply giving red meat to the right wingers eager to derail any actual progress in this country. And the responsibility for that falls on bobbleheads like these clowns, not Obama.

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The Henry Louis Gates situation is mainly a distraction, where the media has decided to document a sideshow instead of the hundreds of millions of people struggling every day with substandard health care coverage.

But there's also a serious policy component. Policemen should not be allowed to arrest someone for being an asshole in their own home. If that was the case, right-wing bloggers would all be doing 10-20. It appears clear, and I guess there may be audio tape to this effect, that the cop came to Gates' house, figured out that he was not a burglar, words were exchanged, and then the cop arrested him for disorderly conduct. That's really over the line of what cops should be allowed to do, regardless of the motivations, racial or otherwise.

The crime of disorderly conduct, beloved by cops who get into arguments with citizens, requires that the public be involved. Here's the relevant law from the Massachusetts Appeals Court, with citations and quotations omitted:

The statute authorizing prosecutions for disorderly conduct, G.L. c. 272, § 53, has been saved from constitutional infirmity by incorporating the definition of "disorderly" contained in § 250.2(1)(a) and (c) of the Model Penal Code. The resulting definition of "disorderly" includes only those individuals who, "with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof ... (a) engage in fighting or threatening, or in violent or tumultuous behavior; or ... (c) create a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.' "Public" is defined as affecting or likely to affect persons in a place to which the public or a substantial group has access.

The lesson most cops understand (apart from the importance of using the word "tumultuous," which features prominently in Crowley's report) is that a person cannot violate 272/53 by yelling in his own home.

Read Crowley's report and stop on page two when he admits seeing Gates's Harvard photo ID. I don't care what Gates had said to him up until then, Crowley was obligated to leave. He had identified Gates. Any further investigation of Gates' right to be present in the house could have been done elsewhere. His decision to call HUPD seems disproportionate, but we could give him points for thoroughness if he had made that call from his car while keeping an eye on the house. Had a citizen refused to leave Gates' home after being told to, the cops could have made an arrest for trespass.

But for the sake of education, let's watch while Crowley makes it worse. Read on. He's staying put in Gates' home, having been asked to leave, and Gates is demanding his identification. What does Crowley do? He suggests that if Gates wants his name and badge number, he'll have to come outside to get it. What? Crowley may be forgiven for the initial approach and questioning, but surely he should understand that a citizen will be miffed at being questioned about his right to be in his own home. Perhaps Crowley could commit the following sentences to memory: "I'm sorry for disturbing you," and "I'm glad you're all right."

Spoiling for a fight, Crowley refuses to repeat his name and badge number. Most of us would hand over a business card or write the information on a scrap of paper. No, Crowley is upset and he's mad at Gates. He's been accused of racism. Nobody likes that, but if a cop can't take an insult without retaliating, he's in the wrong job. When a person is given a gun and a badge, we better make sure he's got a firm grasp on his temper. If Crowley had called Gates a name, I'd be disappointed in him, but Crowley did something much worse. He set Gates up for a criminal charge to punish Gates for his own embarrassment.

By telling Gates to come outside, Crowley establishes that he has lost all semblance of professionalism. It has now become personal and he wants to create a violation of 272/53. He gets Gates out onto the porch because a crowd has gathered providing onlookers who could experience alarm. Note his careful recitation (tumultuous behavior outside the residence in view of the public). And please do not overlook Crowley's final act of provocation. He tells an angry citizen to calm down while producing handcuffs. The only plausible question for the chief to ask about that little detail is: "Are you stupid, or do you think I'm stupid?" Crowley produced those handcuffs to provoke Gates and then arrested him. The decision to arrest is telling. If Crowley believed the charge was valid, he could have issued a summons. An arrest under these circumstances shows his true intent: to humiliate Gates.

The cop baited the guy into leaving the house so he could arrest him for making a cop feel bad.

I appreciate the work of law enforcement. But regardless of race, too many cops have the belief that if they get insulted, they have the right to turn that into an arresting offense. That's not the law whatsoever, nor should it be. It creates a chilling effect among the public not to call out bad behavior in law enforcement or raise your voice in any way. I know we're all supposed to believe that cops are saintly, but I live in LA. Police misconduct happens all the time, and we should be vigilant when it does.

Instead, the media takes the soccer ball and chases it into the corner, without any semblance of factual records or perspective. It becomes an emotional argument instead of a factual record of misconduct. We pay cops with tax money. We should not risk arrest when arguing with them.