In a moment of frustration, Olathe resident Scott Schaper committed an act which many of us have been tempted to commit. Yes, that’s right, he flipped off the police officer who had just ticketed him. The officer immediately ticketed him again (reticketed?) for disorderly conduct.
Fortunately for Schaper, though, flipping off police officers is a right guaranteed us by the First Amendment. With the help of the ACLU of Kansas and Western Missouri, Schaper won a settlement with the Olathe police department for $4000.
Now, obviously Schaper’s gesture wasn’t polite. And yes, it’s tough to be a police officer and have to suffer the insults that people sometimes hurl at you. But, as the ACLU attorneys understand, the first amendment doesn’t protect only speech against authorities which is polite, kind, well-thought out, and constructive.
Prairie Village’s police chief, Wes Jordan, might not like this reality. In reaction to this story, he said, “It’s unfortunate there are not repercussions on certain types of behavior that do not meet society norms.”
I’m not sure which certain types of behavior Jordan has in mind, but this is a terribly broad statement to make. In fact, our history is full of repercussions on certain types of behavior that do not meet society norms, and many people have proven themselves willing to suffer the repercussions in order to change society.
As far back as the middle ages society norms branded as heretics any who dared to openly disagree with the Church.There was a time and a place where the society norm dictated that it was unacceptable for a woman to voice a political opinion, disagree with her husband, or even raise her voice in public. Racial minorities were often instructed by the society norm to keep quiet and not cause trouble.
Some will argue that Schaper’s gesture and accompanying words do not live up to the high ideals of those revolutionaries in history who have struggled against society norms. But who is to decide whether a word or act of defiance is of a high and pure enough standard to be acceptable? The truth is, most defiance is seen merely as defiance at the time. Maybe we should more often question what is considered normal.
Maybe outward politeness and shallow compliance are not, in fact, the greatest potentials toward which humans should strive.
Comments
I appreciate your perspective and the insights you share in this article.
But if you'll excuse the pun, there's a flip side to Schaper's behavior and story. If he had chosen to flip the bird to any other person other than that police officer, the outcome would be different.
Kansas law defines disorderly conduct as deliberate actions that are you know or believe will alarm, anger or disturb others, and that disorderly conduct statute has been affirmed many times. There's no reasonable way that it could be argued that Schaper had no idea that flipping someone off could make that person angry. Let's face it, you flip the bird BECAUSE you want to make someone mad.
The decision didn't confirm Schaper's constitutional right to expression. It only confirmed that a police officer gives up the right to be angry when he's mistreated or abused for doing his job.
Everyone has the right to be angry. And everyone in the workplace goes there fully knowing that they may be attacked verbally or mentally. Yes. The police officer was upholding the law, and the person did indeed break the law. But throughout the entire transaction, the officer nor the perp's lives were presumably in jeopardy. So the perp did not impede the legal process by giving the finger.
It is hard to appreciate a protectorate of society that seems to only be shown in a negative light, but we also did not hire them to be emotionally fragile. Yes, they are also only human, but they have to realize people will be angry with them. It probably comes with their job more than many others.
This wring box sucks.
"writing", instead of "Wiring"
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