Police violated Gates' freedom

It is troubling how few conservatives and libertarians are willing to support Harvard Scholar Henry Louis Gates, Jr., who had his rights violated by police. President Barack Obama, in his most amateurish off-prompter moment yet, made the professor’s wrongful arrest famous while answering questions after a speech about health care.

Yes, it was wrong for the most powerful man in the world to use his platform to denounce a working class police officer for an arrest the president knew little about. It was downright unprofessional for the president to comment on a local matter to begin with, and the fact that his comment involved a friend only makes it worse. The appropriate answer to the reporter’s question was something like this: “Professor Gates is a good friend and a good man, so I was sorry to hear about the confrontation. Many black Americans feel they are disadvantaged in matters of law enforcement. It is not the role of the President of the United States, however, to comment or pass judgment on an individual, local policing matter. Next question, please.”

Instead, Obama said Cambridge, Mass. police acted “stupidly.” It is easy to understand why he indulged in the comment. As a black man, President Obama understands the fear millions of black people have regarding law enforcement. Nevertheless, he should not have said it.

Now that it is a matter of public intrigue, however, those who are not the president are justified in commenting. After a review of details made public by the police, it is apparent that police acted stupidly. Libertarians and limited- government conservatives should be outraged.

The case is really quite simple. A neighbor called police to check on a possible burglar breaking into a home. Police quickly determined Gates was on his own property, and had locked himself out. He was no longer a burglary suspect, because he had produced for them the identification they needed. He was merely a law-abiding man, acting like a pompous jerk on his own front porch.

Police arrested Gates for disorderly conduct because he mouthed off and insulted them. Professor Gates probably shouldn’t have run his mouth. It wasn’t polite. It wasn’t scholarly. It wasn’t sophisticated. It wasn’t behavior that moves our country in the direction of more racial equality. But Professor Gates chose to indulge an emotional tantrum while standing on his own property. He had a right to throw a fit. When he called police names and accused them of misconduct, they should have immediately taken a clue and determined one thing: “We’re not welcome here, on this man’s property, which is not a crime scene.” Then they should have left. End of story.

Gates used hurtful words, and police used force. Words don’t harm the way sticks and stones and handcuffs do. On his own property, a man is free to use almost any words he pleases. While on another man’s property, police are free to use force only in extraordinary circumstances. Without suspicion, police are welcome on private property only when the lawful inhabitant says they are.

The most fundamental laws of this country protect a man – whether he is black, white, red or brown – from arrest without probable cause. It is rude, and almost un-American, to lob insults at police who have shown up to help. It is not, however, a crime. Arresting a man for running his mouth, from his own property, is criminally stupid to say the least.