Another Take on the Gates Case

Editor's note: Much like newspapers sometimes waive the length limit on letters to the editor "to permit a fuller response," I'm posting in full John Rubin's detailed counterpoint to my previous post on the Gates case. John's position is thoughtful and reasonable and I don't plan to debate the issue further, beyond making the following three points, which interested readers should peruse after they read John's post: (1) as I noted previously, the volume, tone, and tenor of a person's remarks may be as important as their content in determining whether they are "likely to provoke violent retaliation," and news reports suggest that some or all of those factors may cut in favor of a disorderly conduct charge in this case; (2) news reports also suggest that Gates went beyond mere "mouthing off" or being "obnoxious," and likely "got in [Crowley's] face," much like the defendant in Tucker got in the principal's face, even going so far as to make a comment -- "I'll speak to your mama outside" -- that might be interpreted as an invitation to fight; and (3) that John's suggestion that abusive language directed at police officers is measured against a higher standard than abusive language directed at others is not supported by any North Carolina authority. So I remain of the view that while a disorderly conduct charge on the apparent facts of the Gates case would not be a slam dunk, it might be proper under North Carolina law. I'm afraid I must express my [...]