Another Fudamental Misunderstanding

Of what constitutes free speech. This time from an arbitrator, who happens to be a lawyer. One would presume he would have a better understanding. The Nebraska State Patrol dismissed a trooper in March for what they believed were very good reasons. The trooper in question had joined the Ku Klux Klan. The trooper and the union disagreed and took the matter to arbitration.

OMAHA, Neb. - Robert Henderson was not fired as a state trooper because he belonged to the Ku Klux Klan and another white supremacist group, authorities said. Instead, he was ousted because he could not uphold public trust while participating in such groups, they said.

An arbitrator disagreed, ordering the State Patrol to reinstate Henderson within 60 days and pay him back wages. The state went to court Friday to keep him off the force.

"The integrity of Nebraska's law enforcement is at risk," Attorney General Jon Bruning said at news conference in Lincoln. "The Constitution does not require law enforcement to employ anyone tied to the KKK."

In a summary of the causes for firing Henderson in March, the State Patrol said membership in the KKK "seriously compromised" Henderson's ability to do his job.

Henderson and the state troopers union appealed and, under its contract, went to binding arbitration, to get his job back.

Arbitrator Paul J. Caffera, a New York lawyer, last week overturned the firing.

He said Henderson was entitled to his First Amendment rights of free speech and that the state violated the troopers' contract, in part when it fired Henderson "because of his association with the Knights Party … and the Ku Klux Klan."

This is not a free speech issue. It is an employment issue - pure and simple. I do not think it is unreasonable to bar a public employee, especially a police officer, from being a member of an organization that promotes hate against groups of people.

Other Links to this Post

1. Plus + Ultra » Blog Archive » KKK Members’ Job Security; Nebraska Trooper and W. Va. Senator Still O-KKK — Saturday, 26 August , 2006 @ 9:12 am