Blue Mass Group

Reality-based commentary on politics.

Cape & Islands DA O’Keefe: May I introduce you to the First Amendment?

By

The Cape Cod Times reports today that the DA prosecuting DJ Barry Scott in connection with a July 14th party in Provincetown sees nothing wrong in the police action which left him bloodied and bruised. Here’s the link: http://www.capecodon…

Perhaps DA O’Keefe might dust off his copy of the consitution and consider whether criminal charges based on “negative remarks” about the police square with the First Amendment. As the United States Supreme Court declared, “The freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.” Houston v. Hill, 482 U.S. 451, 462-63 (1987).

When the executive branch fails to protect basic American freedoms, that responsibility falls on the Courts. Barry Scott deserves justice, and appropriate redress would go beyond exoneration in the criminal case to a right of compensation for the egregious violations of his civil rights. When police officers transgress clear constitutional boundaries, legal consequences are essential to holding them accountable.

Please share widely!
fb-share-icon
Tweet
0

Comments

  2. The charges Barry faces do not stem from the noise ordinance. He is accused of disorderly conduct and disturbing the peace based on comments he allegedly made after he had turned off the music. The police say his remarks were these: “Provincetown Police are here to ruin our night. We hate them.” Barry and witnesses recollect this: “Provincetown Police aren’t very happy with us right now. We’re not very happy with them either.” Either way the alleged wrongdoing was pure speech.

    <

    p>
    Provincetown has had to curtail enforcement of its noise ordinance since July because of a constitutional challenge raised on behalf of street musicians. The ordinance will be amended this fall to specify a decibel limit on noises. Had there been such a limit in place on July 14th, the misunderstandings over allegedly excessive noise need never have happened.

    <

    p>
    The complainant about the music was not only straight, but she was Provincetown’s most prominent supporter of the attempt to write anti-gay discrimination into the constitution. Her anti-gay animus is well known in Provincetown and beyond. Her motives are open to question, to say the least.

Archives