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The New Coffee Room

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  3. Free speech includes offensive words

Free speech includes offensive words

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  • George KG Offline
    George KG Offline
    George K
    wrote on last edited by
    #1

    https://jonathanturley.org/2021/05/12/fourth-circuit-overturns-conviction-of-retired-air-force-colonel-for-using-racial-slur/

    =-=-=-=-=

    n a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force colonel for using a racial epithet at the shoe store on the Marine base at Quantico, Virginia. Jules A. Bartow, who is white, was arrested after a bizarre and disgraceful exchange with an employee, including the use of the “n word” with the African American woman. The highly offensive and repugnant language of Bartow was denounced by the court, but the unanimous panel still reversed T.S. Ellis III, Senior District Judge of the Eastern District of Virginia on First Amendment grounds.

    Free speech advocates must often defend those who are despised or language that is deeply offensive. The First Amendment is not designed to protect popular speech or popular people. Such speech and such people rarely need protection. That means that we must resist attacks on free speech in cases where we find speech to be repugnant and repulsive. That is the case with retired Air Force Lieutenant Colonel Jules A. Bartow.

    In November 2018, Bartow entered the Quantico Marine Corps Exchange to shop for boots. He was quickly assisted by Cathy Johnson-Felder, an African American, who innocently said “[G]ood morning. May I help you?” Bartow responded bizarrely with “If I had indigestion, diarrhea, or a headache, would you still address me as good morning?” Undeterred Johnson-Felder again asked “[C]an I help you, sir?” Bartow then responded, “I’m not a sir — I’m not a male, I’m not a female, if I had a vagina, would you still call me sir?” Bartow reportedly was speaking louder and louder as he berated this employee for simply trying to help him. That drew a white uniformed Marine lieutenant colonel who began to argue with Bartow over his disgraceful treatment of Johnson-Felder.

    During this continued argument between the two men, Bartow continued to try on boots as a crowd formed. An African-American in civilian clothes also argued with Bartow and explained that “the reason that [employees at the Exchange] say ‘sir’ or ‘ma’am’ is because you are purchasing merchandise on a military installation.” Bartow then said: “If I called her a [n****r], would she still say good morning?”

    A security officer was called over and Bartow was escorted out of the door and then arrested by base security officers.

    Bartow was charged under Virginia Code § 18.2-416, which reads in pertinent part:

    “If any person shall, in the presence or hearing of another, curse or abuse such other person, or use any violent abusive language to such person concerning himself or any of his relations, or otherwise use such language, under circumstances reasonably calculated to provoke a breach of the peace, he shall be guilty of a Class 3 misdemeanor.”

    The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” However, the appellate panel correctly noted that such laws are narrowly construed in light of controlling precedent. This includes Virginia state court rulings that the statute must be confined to speech that has “a direct tendency to cause acts of violence by the person to whom, individually, [the language is] addressed.” Mercer v. Winston, 199 S.E.2d 724, 726 (Va. 1973). As the United States Supreme Court ruled in National Ass’n for the Advancement of Colored People v. Button, 371 U.S. 415, 445 (1963), the protection of speech is maintained under the First Amendment “without regard . . . to the truth, popularity, or social utility of the ideas and beliefs [that] are offered.” National Ass’n for the Advancement of Colored People v. Button, 371 U.S. 415, 445 (1963).

    "Now look here, you Baltic gas passer... " - Mik, 6/14/08

    The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

    1 Reply Last reply
    • MikM Away
      MikM Away
      Mik
      wrote on last edited by
      #2

      Good ruling. You are allowed to be an asshole and this guy fits that description to a T. I do not recommend it and I'm not sure why he had such a bug up his ss about this, he's allowed. You are allowed to be mean to other people. Sadly one is not allowed to administer a richly deserved ass-whooping to the meanies.

      “I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill

      Catseye3C 1 Reply Last reply
      • HoraceH Offline
        HoraceH Offline
        Horace
        wrote on last edited by
        #3

        So, is he mentally ill? Demented? He didn't talk like that while he was becoming a colonel.

        Education is extremely important.

        brendaB 1 Reply Last reply
        • MikM Mik

          Good ruling. You are allowed to be an asshole and this guy fits that description to a T. I do not recommend it and I'm not sure why he had such a bug up his ss about this, he's allowed. You are allowed to be mean to other people. Sadly one is not allowed to administer a richly deserved ass-whooping to the meanies.

          Catseye3C Offline
          Catseye3C Offline
          Catseye3
          wrote on last edited by
          #4

          @mik said in Free speech includes offensive words:

          Good ruling. You are allowed to be an asshole and this guy fits that description to a T. I do not recommend it and I'm not sure why he had such a bug up his ss about this, he's allowed. You are allowed to be mean to other people. Sadly one is not allowed to administer a richly deserved ass-whooping to the meanies.

          Ditto. Couldn't have said it better myself.

          Success is measured by your discipline and inner peace. – Mike Ditka

          1 Reply Last reply
          • CopperC Offline
            CopperC Offline
            Copper
            wrote on last edited by
            #5

            The law doesn’t allow him to be that way.

            The law says a law won’t be made to stop that behavior.

            1 Reply Last reply
            • HoraceH Horace

              So, is he mentally ill? Demented? He didn't talk like that while he was becoming a colonel.

              brendaB Offline
              brendaB Offline
              brenda
              wrote on last edited by
              #6

              @horace said in Free speech includes offensive words:

              So, is he mentally ill? Demented? He didn't talk like that while he was becoming a colonel.

              These are my first questions as well. This is bizarre behavior, even for a rude person. There's more to this story.

              1 Reply Last reply
              • 89th8 Offline
                89th8 Offline
                89th
                wrote on last edited by
                #7

                Link to video

                Reminds me of this a bit, including the part at 330

                George KG 1 Reply Last reply
                • 89th8 89th

                  Link to video

                  Reminds me of this a bit, including the part at 330

                  George KG Offline
                  George KG Offline
                  George K
                  wrote on last edited by
                  #8

                  @89th

                  "Emotional hemophiliacs" LOL.

                  "Now look here, you Baltic gas passer... " - Mik, 6/14/08

                  The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

                  1 Reply Last reply
                  • MikM Away
                    MikM Away
                    Mik
                    wrote on last edited by
                    #9

                    That's a great way to describe them.

                    “I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill

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