Cops 1st Amendment Rights Have Limits





sam fields


Fort Lauderdale fired three police officers and one was resigned after an Internal Affairs investigation revealed that they had produced a racist video of Obama and emails which included comments such as : “I had a wet dream that you two found those two niggers in the VW and gave them the death penalty right on the spot”.

The rants got worse.

Even the Fraternal Order of Police helped throw them under the bus.

If you are expecting me to defend them, as I did with the Oklahoma University frat boys, I have to decline. And here’s why.

Simply put, they had made themselves totally useless as police officers.


The Sixth Amendment to the Constitution guarantees the accused the right “…to be confronted with witnesses against him…” The “Confrontation Clause”, as it is called, means you can cross-examine cops not only about the facts of the case but also their “motive”, “bias” and “prejudice”.

It means that every time they went to trial in one of their arrests—especially ones involving minority defendants—these e-mails and videos would be shown to the jury to demonstrate their “motive, bias and prejudice” against the defendant. Their credibility would be near zero when a drug case came down to whether and why a cop would plant drugs on a Black defendant.

States Attorney Mike Satz would be pulling out the little hair he has left.

Put another way, these videos had made these cops about as useful as a pacifist on the SWAT team.

What if they worked in the library or the Water Department? These kind of off duty antics might have been defensible and protected by the First Amendment.  After all, their private off duty views, no matter how obnoxious, did not necessarily interfere with performing their duties.

What if they were school teachers? A little less clear in a school system that is over half minority.

Compare these to folks to OU frat boys. They might argue that their racist outbursts actually bolstered their primary purpose in college…being “drunken assholes”.




8 Responses to “Cops 1st Amendment Rights Have Limits”

  1. Garl says:

    …if only there were limitations on the speech of Buddy substitutes…

  2. Sam the Sham says:

    It would be interesting to see what the published HR policies say or if there is some sort of contract the officers sign with the city. Is there a state policy regarding this and police/Leo certification?

    Barring that, I see wrongful termination suits being paid off in a few years. This could have been cured with suspensions and counseling if it were not for gutless politicians.

    If you were somehow to obtain all the private emails and texts of every minority police officer, my guess is that you would be amazed at the level of racism you see. But we still have freedom of speech and we are just beginning to see the implementation of the Thought Police.

  3. Lt Dangle says:

    So let me get this strait Mr Faildes, so I can properlly write this oficial police report to respond to your hyperbole. You would allow tho FOP bus driver to run over these “presumed innocent” enforcers of their laws and not defend them shame on you Mr Foldes, dont attornies take or have an oaf of ofice theey take or swear to, like protec the constution an other laws, why arr you doing selective protection. its aturknees like you that give a bad nam to the profesion an bar.

    wen you reffer to mr sAtz I think the fraze that yew must uze is “He has ben pulling the wool over hour eyes for a looong time” not pulin his hare out.

    Are you Defending Major Rick Maglione deleting internal affairs database of arrest of command staff members?

    Are you defending Capt frank Sousa for kicking and stomping a handcuffed person that is lying on the ground, Frank Sousa was exonerated for his criminal acts.

    Lets not forget a police officer is always on duty, also must be above reproach unlike an aturknee.

    I no a lot of yew civelions will not understand the leegil jergin that is so prophylactic thru out this thesis you will probilly halves to hire Sam Feeldes asquiree to translat an interpet it .

    This is thee power eye hold, I gradeuated numer 1 in my GED clas after qutin in 6 grade- lok at me now im almos a cheef.

    i wana thank marvel comic books for my readin,rightin, an english and sentince structer skills. math i’m not to good in but i no i make more than most atorknee’s.

  4. Exploited Children says:

    why is this person still employed at FLPD? Is this the usual cover-up?

    Eric Brogna

    Department:Administrative Support Division
    Phone: (954)828-5500

    Fort Lauderdale City Manager Lee Feldman needs to be fired for this negligent retention.

    Here is more Fort Lauderdale Police corruption by Command Staff.

    C. General Information

    It was noted that the City Manager had received the Board’s recommendations
    regarding Cases IA 13-083 and IA 13-106 and took no exception to them.

    D. Review the following Internal Affairs investigation

    Complainant: Lynne Michelle Brogna, Dana Calvo, Jodi Hansen,
    Linda Robinson & (two juveniles)
    (IA Case 13-110)

    Allegation: 1) Conduct unbecoming a police officer / department

    Officer: Eric Brogna

    Disposition: 1) Not Sustained

    A motion was made by Ms. Streeter to not accept the Department’s finding that the
    conduct was not sustained. The motion died for lack of second
    Ms. Streeter explained that she felt the disposition of the case should be exonerated or
    Unfounded rather than Not Sustained.

    There being no questions from the Board at this time, Chair Dickerman opened the
    public hearing.

    Joseph Robinson, private citizen, stated that the case was originally filed with the Coral
    Springs Police Department and had gone to the State Attorney’s Office, which had
    decided against prosecution and passed the case on to Internal Affairs. Mr. Robinson
    concluded that he was certain an incident had occurred, although he had not witnessed
    any of the alleged actions.

  5. City Activist Robert Walsh says:

    You coward Buddy. Why did you censure me??. You know everything i stated. Look for my new blog coming soon. I’m going to blow you off the map….Robert Walsh.


    I have no idea what you are talking about.

  6. City Activist Robert Walsh says:

    We will try this again. I wanted to give my point of view concerning the police officers that were terminated. First of all the tape (vidieo) was stupid and in very poor taste. officer alaverez was the one that made it on his own software(phone etc) not Ft.lau software etc. Ok so he breaks up w/ his sweetie pie and she delivers the vidieo to Chief adderly. Chief take s it to City manager and both agree for Internal affairs invesigation. alaverex flys the coup(quits). Ex girlfiiend gets even on our police officers backs. Then the other officers(3) are fired because their names where on the credits(so were many others(they were not fired)but these 3 were.. A good labor att. will point out they never (key here)gave alaverez permission to use their names. Hence they were fired. No secound chances. So these officers now have no jobs($), no careers, etc. So Internal affairs recommneds termination for unbecoming of an officer.While some are basiccly whore masters , but they keep their jobs(play dirty , I can play dirtier). I mean how many lifes do we want to destroy here in the process. Then the Citizens Police review bd.(useless) recommends that they lose theie police certificate on top of it. Life is all about secound chances. dr.Osgood, police minister, who also sits on th e school bd. was given many secound chances(her history), but no secound chances for these officers. Mr.Feldman who orchestrated th e firings I hope I see th e same reaction w/ your DPW director. Who is charged w/ bias, bulling etc. Will see(by the way Lee cough up the report concerning above mentioned. Give these officers a secound chance. Council them, educate them etc. No fire them. Lastly, the FOP dir. threw no one under the bus as reported. Get a good labor att. officers.. Plice Chief adderly there are many skeletons in your closet as well. We didn’t fire you(don’t get me started…)

  7. count l f chidkiewicz chudzikiewicz says:

    In the most difficult of circumstances our highly professional police chief frank adderley and nationally recognized city manager lee Feldman acted admirably! All tax paying residential tax payers in the city of ft Lauderdale should be confident in our police force and especially its leadership and management by our city manager.

  8. City Activist Robert Walsh says:

    #7-Mr.Rosenthal you are such an ass-kisser. Go back to Miami Beach. Oh wait you were thrown out of city hall down there. As far as city manager Lee Feldman I hope when you release the report (thank you Lillian) on your own staff we get the same response(fired, no second chances). As far as the public defender, Mr.Finkelstein you are another one. We gave you a second chance(former drug addict) but no second chances for the police men. As far as throwing out all the cases where these 4 policemen arrested your defendants, you state they should all get off. Gee, I wish you fired those police officers Mr.Feldman after I robbed the ‘Garda truck”(bags ($) going in the bank on Monday am, not going out) so I could have one of these fired police officers arrest me to have Finkelstien get me off the hook(nonsense). These fired police officers will give the opputurnist out there more fodder to degrade our men/women. As far as them losing their police certification that is just plain wrong. We need to give them a second chance, but nope fire them(I’ll rememeber this Lee when its the Hindu’s(director) turn(release the report Lee)…