Law enforcement officers have a difficult and challenging job.  They deserve to be treated with respect.  Law enforcement officers deserve respect because they are human beings with emotions and feelings like the rest of us.  However, the law does not demand that respect be given.  Some officers appear not to understand that lack of respect does not warrant an arrest.

The First Amendment prohibits law enforcement officials from arresting people for how they talk to, or yell at the police.  Even speech that is loud, disrespectful, profane, and insulting is protected in most circumstances.  Only words that by their very utterance inflict injury or tend to incite an immediate breach of the peace (“Fighting Words”) are unprotected.  Unless your words amount to Fighting Words, the First Amendment protects the speech that is directed at a police officer from a civilian.

The Supreme Court stated in City of Houston v. Hill that freedom of individuals to verbally oppose police action without risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.  Speech keeps the wheels of democracy running smoothly.  The right of the individual to speak out directly, openly, and immediately against his government is perhaps the purest and messiest form of democratic axle grease.  The ability to oppose or challenge police action is not only a principal characteristic distinguishing a free nation from a police state, it is one of the central benefits of living in a free nation.  In a country where people are unable or afraid to challenge their government’s authority for fear that they will be beaten or arrested, that country has no meaningful way to check and balance their government power.

Despite First Amendment Protection, some law enforcement officers are arresting people for voicing their dissent or even videoing police. The police are generally arresting people for violating laws such as disorderly conduct, refusing to obey an officer, obstructing or delaying an officer, or resisting arrest.  When an officer arrests a citizen because they do not like what they said, this is an invalid arrest.  This type of arrest is called “contempt of cop arrest” or a “cover arrest.”  This type of arrest is by definition police abuse and against the law. They are made with no valid legal reason.
(more…)