Saturday, May 30, 2009



Sotomayor not so bad after all?

She gives an excellent defense of free speech in the excerpt from one of her judgments below:
"One of her more controversial cases was Pappas v. Giuliani, involving an employee of the New York City Police Department who was terminated from his desk job because, when he received mailings requesting that he make charitable contributions, he responded by mailing back racist and bigoted materials. On appeal, the panel majority held that the NYPD could terminate Pappas for his behavior without violating his First Amendment right to free speech. Sotomayor dissented from the majority's decision to award summary judgment to the police department. She acknowledged that the speech was "patently offensive, hateful, and insulting," but cautioned the majority against "gloss[ing] over three decades of jurisprudence and the centrality of First Amendment freedoms in our lives just because it is confronted with speech it does not like."

In her view, Supreme Court precedent required the court to consider not only the NYPD's mission and community relations but also that Pappas was neither a policymaker nor a cop on the beat. Moreover, Pappas's speech was anonymous, "occur[ring] away from the office on [his] own time." She expressed sympathy for the NYPD's "concerns about race relations in the community," which she described as "especially poignant," but at the same time emphasized that the NYPD had substantially contributed to the problem by disclosing the results of its investigation into the racist mailings to the public. In the end, she concluded, the NYPD's race relations concerns "are so removed from the effective functioning of the public employer that they cannot prevail over the free speech rights of the public employee."

Source

But maybe she just doesn't like the NYPD, which would not be hard. She comes from NYC so frustrating them a bit could well appeal to her. It does appear that feelings are an important criterion for her in the judgments she hands down.

3 comments:

Anonymous said...

Most Puerto Ricans in NYC dislike the NYPD because it interferes with their drug taking, drug selling, and car stealing habits, especially in the Bronx. This "judge" apparently believes the law and the Constitution should be "flexible", depending on who's in front of her, and that's what makes her eminently unqualified.

mcnasty said...

"This "judge" apparently believes the law and the Constitution should be "flexible""

Remember, it's a "living" document.

Anonymous said...

"Remember, it's a "living" document."Since the Constitution is a living document and is long past 65-years old does that qualify it for Social security and Medicare?