Mediocrity  is on the rise and it’s  everywhere.  This past week  I take my family out to dinner to celebrate my nephews Sean’s  13th birthday. I order a bottle of Cabernet  the waitress returns  and begins to open the bottle without permitting me to read the label.   She was also clueless as to presentation of the cork , so forget a decanter!.

She  than asks me  ” who else is having wine”  I replied “why don’t you put the wine glasses in front of the adults and offer them the wine.” She rolls her eyes and  locks eyes at me wide open with a facial upward scorn , as if  I was a barbaric thug. How dare I correct her, the nerve of me to question her skills.

A professional is never insulted and if  mistake is made they look inward to correct the matter so that they may achieve higher levels of excellence in their chosen profession. ( wine etiquette link below) (http://www.calwineries.com/learn/tasting-wine/wine-etiquette/restaurant-etiquette )

Now lets talk about Police Etiquette aka professionalism.  Here is a blatant example of a naive Officer.

Despite all of the law cases  anytime a person is arrested or cited for cursing at the police,  the speech ( to be unlawful)  must be of such a nature as to cause “public alarm” , “unrest” or incite imminent violence.  So a comment such as here  ” what the fuck” on it’s face is protected speech.

Here,  the 911 caller  speech to the 911 police operator ” what the fuck” and the continuing  “uping the anti ”  while perhaps lacking etiquette  it is  clearly an emotional outburst.  Secondly, 911 operators are trained and know that many caller’s will be emotional as they are facing an emergency situation and are prone to be hyper emotional and as such their thought process temporarily impaired.  It’s the professional who keeps their poise in the midst of a hectic complicated difficult and perhaps dangerous incident. If you do not you are not professional.

As such  and in my opinion  the speech in the video not in violation of the statutory codes  whose constitutional purpose and  intent is  to limit only violent speech which may cause imminent public alarm/harm. For a nice colloquy see http://www.theamericandissident.org/Thoreau-freespeech.htm and seehttp://www.freedomforum.org/templates/document.asp?documentID=10326

My First Amendment professor John Delaney http://www.johndelaneypub.com/catalog/about_us.php a brilliant man always said ” Just because you have a First Amendment “RIGHT” does not make it “right”.

This was in response to the U.S. Supreme Courts Holding  in Skokie v Illinois ( http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=432&invol=43 that American Nazis could parade in a Jewish community in full Nazi regalia with swastikas.  See http://www.kansaspress.ku.edu/strwhe.html

In another case of police mediocrity  this week Nassau County Police responded to a home in which an order of protection was in effect.  See http://www.newsday.com/news/printedition/longisland/ny-libird0212722542may01,0,3305656.story

Under New York  State Law police must arrest a person who is in violation of an order of protection.  ( see http://www.nycbar.org/pdf/report/DV_Committee_OP.pdf

Apparently here the Officers did not follow the law and make an arrest.  As such they may have contributed to the death of this lady. I don’t know if they knew an order was in effect.  However, did they ask? and even if they did not know of the order.

However, the law in N.Y is clear in a domestic violence incident between family members  if a police officer subjectively believes danger may occur in the home he may effect an arrest.  Sadly now and perhaps because of mediocre police work  a women  and mother is now dead.  Seven Officers have been identified see http://www.newsday.com/news/nationworld/nation/wire/sns-ap-us-ny-woman-stabbed,0,3465865.story

Clearly we have allot of fine men and women in law enforcement, but increasingly I am observing folks who took the oath to uphold the law as a “JOB” instead of a career the latter often are low achiever’s and poor performers as opposed to the former who perform heroically and admirably with little public appreciation.


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