The Register's Editorial: Cops go too far charging man over Facebook criticism



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.