Editorial

Officer's firing may be simpler than we think

Wednesday, September 6, 2006

Freedom of speech and the right to peaceably assemble are precious rights guaranteed by the First Amendment.

But how far do they go? And, to whom do they apply?

The Nebraska State Patrol fired an 18-year veteran in March after it found out he was a member of the Knights Party, a white supremacist group with ties to the Ku Klux Klan.

Last month, an arbitrator ordered him reinstated and paid back wages, saying the trooper, Robert Henderson, had been denied his first amendment rights.

As if on cue, State Sen. Ernie Chambers demanded Henderson's law enforcement license be revoked.

"As a black man, an elected official and a citizen of Nebraska, I am deeply offended that a member of the Nebraska State Patrol joined the Ku Klux Klan, a notorious terrorist organization whose hallmarks have been bombings, burnings, lynchings ... and general lawlessness," Chambers said.

Nebraska Attorney General Jon Bruning is appealing the arbitrator's decision, as he should.

It is unfair for law enforcement officers to be expected to give up any constitutional rights just because they pin on a badge and are sworn in.

But the fact is, they are held to higher standards than civilians, such as the prospect of losing their job if convicted of domestic violence, for example.

And there are practical considerations as well. How effective would an officer's testimony be in court if a sharp defense lawyer was able to produce a Web posting showing the officer was prejudiced against a defendant, as might be possible in Henderson's case.

But the underlying issue may be something as simple as jealousy, rather than some overarching constitutional question.

According to the arbitrator's ruling, the case had its origins in 2003, when Henderson's wife left him for an Hispanic man.

And, there have been allegations that Henderson had harassed a news anchor, who was black, who worked in the same television station as Henderson's fiancee.

It sounds to us that there are plenty of reasons some people should not be law enforcement officers, without making a federal case out of it.

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