"'The choice of words were poor; but they weren't meant to characterize Professor Gates as a banana-eating jungle monkey,' attorney Peter Marano said. 'They were meant in a response to behavior and characterizing the behavior. Not the person as a whole." Marano conceded that a police officer, because of the nature of his job, is held to a higher standard of conduct than the ordinary citizen, but added: 'Being held to a higher standard shouldn't eradicate his right under the First Amendment for free speech. That is part and parcel of the lawsuit."How do you write an email calling someone a jungle bunny and not mean it as racist? Can I call Barrett an idiot but intend to not characterize his intelligence.
I also can't believe a lawyer would make a first amendment argument in this case. How exactly does the first amendment protect an employee from professional discipline. Being fired for making the statements is not the same as the government restricting his right to say horrible things.
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