The Register’s Editorial Board
Thomas Smith might have a
legitimate complaint when it comes to race relations and the local police in
Arena, Wis. But we'll never know, because Smith can't express himself in a way
that helps his cause, or at least makes clear the nature of his concern.
In 2012, Smith posted the
following message, albeit in colorfully unredacted form, to the Arena Police
Department's Facebook page:
"--- the ---ing cops they
aint --- but ---ing racist ----- an ----ing all of y'all who is racist."
For some reason, an Arena
police officer decided to give that post the attention it did not deserve. He arrested
Smith for disorderly conduct and unlawful use of a computerized communication
system. In doing so, the officer needlessly escalated the conflict and, in the
process, cast himself in the role of the uniformed bully who will jail anyone
who challenges his authority.
Smith was convicted under an
interpretation of a Wisconsin law that makes it a crime for people to utter
"fighting words" intended to provoke an immediate, violent response.
An appeals court reversed that
decision, pointing out that remote communications — phone calls, emails,
Facebook postings and the like — by their very nature can't incite an immediate
breach of the peace since there is no face-to-face encounter.
Predictably, Smith is now suing
the village of Arena for violating his constitutional rights.
The lesson here for the Arena
police is simple: Next time, take the high road. Not every insulting remark
warrants a response, let alone an arrest.
Police officers carry carry the
power of God on their hip, along with batons, Tasers and handcuffs. They should
never feel threatened by derogatory Facebook postings.
