[HN Gopher] ACLU sues Minnesota for police violence against the ...
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       ACLU sues Minnesota for police violence against the press
        
       Author : soraminazuki
       Score  : 448 points
       Date   : 2020-06-03 18:24 UTC (4 hours ago)
        
 (HTM) web link (www.aclu.org)
 (TXT) w3m dump (www.aclu.org)
        
       | megous wrote:
       | It's like Lysander Spooner was onto something with his pamphlet
       | "No Treason". State representatives mentioned in the brief are
       | barely distinguishable from highway robbers. The swearing
       | language, the lack of care for any legal basis for their actions,
       | baseless physical attacks, like shooting harmless people with
       | rubber bullets, the attitude, etc.
        
       | c3534l wrote:
       | Just earlier this month, protestors a stat over adorned rifles
       | and threatened the governor. This time, the police are ready to
       | teargas and beat anyone for any reason. The response doesn't seem
       | the same. They've turned protests into riots.
        
         | mberning wrote:
         | I don't remember them starting any fires or looting any stores
         | either.
        
           | sonotathrowaway wrote:
           | I don't remember police launching tear gas into peaceful
           | crowds back then, nor do I remember police breaking windows,
           | assaulting press, or vandalizing storefronts then either. I
           | wonder why police would want to discredit protests that occur
           | in response to their murders.
        
         | cutemonster wrote:
         | (is there a typo? What does: _" protestors a stat over adorned
         | rifles"_ mean)
        
           | Fezzik wrote:
           | a stat(e) over, an adjacent State.
        
         | madengr wrote:
         | Maybe the difference is the protesters being armed?
        
       | DoofusOfDeath wrote:
       | One thing I've never understood is how ACLU has legal standing to
       | file many of its suits.
       | 
       | I'm assuming that ACLU isn't claiming to be the injured party in
       | suits like this current one. Are they acting as attorneys for one
       | of the alleged victims?
        
         | c0nsumer wrote:
         | Yes. Read the filing here: https://www.aclu.org/legal-
         | document/goyette-v-city-minneapol...
        
           | csnover wrote:
           | For anyone who doesn't want to read the legal complaint, the
           | named class action plaintiff (Jared Goyette) was shot in the
           | face by the police with a "less lethal" round[0] and nearly
           | permanently lost his eyesight[1] after he had just finished
           | reporting on a man who had been shot in the head by the
           | police with a "less lethal" round.[2]
           | 
           | [0]
           | https://twitter.com/JaredGoyette/status/1265786797650558976
           | 
           | [1]
           | https://twitter.com/JaredGoyette/status/1266115234420400129
           | 
           | [2]
           | https://twitter.com/JaredGoyette/status/1265779746153078793
        
         | [deleted]
        
         | oftenwrong wrote:
         | In this case it is a class-action lawsuit filed by the ACLU on
         | behalf of the journalists. The lead plaintiff is a journalist
         | who was shot by the police while covering a protest.
        
           | inetknght wrote:
           | Class-action lawsuits in the USA often end up being settled
           | with little or no real action. I hope for better here but I'm
           | not going to hold my breath on it.
        
             | JackC wrote:
             | When ACLU brings a lawsuit on behalf of an individual, it's
             | common for the government to moot the lawsuit by changing
             | the treatment of that one person, or offering a settlement
             | to that one person, or even deporting that person, without
             | changing its behavior in general. A class action means the
             | government can't avoid the lawsuit that way.
             | 
             | What you're saying is a real issue in general, but not
             | relevant to class actions as used as a civil rights tactic
             | by ACLU.
        
             | sukilot wrote:
             | The suit is only asking for some money and for the Court to
             | order the state to stop breaking the law even though the
             | state presumably believes it is not breaking the law
             | 
             | It's almost entirely symbolic.
        
             | kyboren wrote:
             | This is because class actions are often little more than
             | schemes to enrich attorneys.
             | 
             | This is not such a case and ACLU are not such attorneys.
        
       | mehrdadn wrote:
       | Man, this seems like such an uphill battle. I feel like unless
       | they can show police were trying to deliberately target the press
       | rather than just treating them like any other members of the
       | public, they'll have that much more difficult of a time getting
       | past qualified immunity and winning a lawsuit.
        
         | toast0 wrote:
         | > getting past qualified immunity and winning a lawsuit.
         | 
         | There's a lot of hubub about qualified immunity these days, but
         | it only shields individuals from individual civil
         | responsibility, it does not shield organizations from
         | organizational responsibility for the actions of individuals
         | under their employ.
         | 
         | Chances are, parties would sue the organization anyway, as the
         | individuals are unlikely to be able to pay significant damages.
        
           | newacct583 wrote:
           | It's the ACLU. The goal here isn't go win a case for these
           | individual journalists, it's to get a ruling clarifying the
           | rights of journalists in the face of police action. The holy
           | grail, in fact, would be to get a ruling rolling back the
           | current scope of qualified immunity.
        
           | petrocrat wrote:
           | The organization is funded by taxpayers and any awarded
           | damages would be covered by taxpayers... so it's not a
           | disincentive for the Police.
        
             | toast0 wrote:
             | Even if the individual office was fiscally responsible,
             | their money came from taxpayers too. The community ends up
             | paying for the damage its agents do to the community.
             | 
             | The police forces are managed by elected officials, who are
             | elected by taxpayers. These politicians should be held to
             | account by voters for either their lack of leadership on
             | police abuse of force (my preference) or their lack of
             | fiscal responsibility in allowing police abuse of force to
             | continue, accruing large legal bills and settlements (and
             | increased liability insurance costs, presumably).
        
         | TallGuyShort wrote:
         | I agree with you this probably won't be easy. But the video of
         | the CNN arrest is quite damning in my non-lawyer opinion. They
         | had press credentials. They clearly and calmly identify
         | themselves as press. They clearly and calmly state that they
         | will move back to wherever the police want them. They are
         | arrested 1 by 1 over the course of several minutes.
        
           | cabaalis wrote:
           | IANAL. I've always thought of freedom of press as the right
           | to publish. Is it now expanded to the right to be and go
           | where others cannot lawfully go?
        
             | petrocrat wrote:
             | The 1st amendment covers freedom of assembly as well.
             | 
             | > Congress shall make no law... abridging the freedom of
             | speech, or of the press; or the right of the people
             | peaceably to assemble, and to petition the government for a
             | redress of grievances.
             | 
             | Press implies covering events and publishing about them. If
             | that's not convincing enough, they spell it out in right to
             | assemble, anyways. A press corps can assemble to cover
             | events.
        
               | mehrdadn wrote:
               | > Press implies covering events and publishing about
               | them.
               | 
               | I don't think it implies that covering events has some
               | kind of immunity. It's still subject to any general
               | restriction on the assembly. The government can impose
               | restrictions on the time, place, and manner of peaceful
               | assembly, provided that constitutional safeguards are
               | met. See https://www.loc.gov/law/help/peaceful-
               | assembly/us.php
        
             | smileysteve wrote:
             | Beyond the first amendment is the 4th estate doctrine,
             | origin ating from British concepts.
             | 
             | While less legally defensible it is much of the reason why
             | the BBC, FCC exist, why we have camera crews embed with
             | troops.
             | 
             | https://en.m.wikipedia.org/wiki/Fourth_Estate
        
           | mehrdadn wrote:
           | I'm having trouble finding the clip you're talking about (the
           | link next to CNN redirects to AP News and says "PAGE NOT
           | FOUND" for me?), but in any case: the thing is, I don't think
           | (though IANAL, please do correct me if this is wrong!) it
           | legally matters one bit that they had press credentials and
           | clearly identified themselves as such. Being a journalist, as
           | far as I know, doesn't give you some kind of immunity to
           | anything. My understanding is that if they get treated
           | better, it's only because the executive does it out of
           | respect for the press or to steer clear of the line and build
           | a more clear-cut case. But legally, I expect they'll just be
           | treated like any random people. I imagine police will make a
           | case that it's not realistic to negotiate with each person on
           | an individual basis when dealing with crowds and that they
           | have to do things in bulk as much as possible. And if you
           | want to win, you can't realistically argue that they
           | shouldn't have the power to do things en masse, so the only
           | viable remaining argument I can see is that, even with that
           | consideration, their actions were still somehow
           | unconstitutional. It's possible one could make such a case
           | for some of these incidents, but if the CNN case was merely
           | one of being "arrested" as you describe (and not e.g. getting
           | badly injured etc.), it doesn't sound like a winning case.
           | The legal system seems to pretty much treat a mere arrest as
           | a no-op in many situations... treating it otherwise requires
           | clearing a really high bar as far as I've been able to tell.
        
             | aspenmayer wrote:
             | Here is the video of the CNN reporter arrest. I have
             | included the description of the video below to help people
             | find it:
             | 
             | A CNN reporter and crew have been arrested live on air
             | while covering the Minneapolis protests over the killing of
             | George Floyd.
             | 
             | Black correspondent Omar Jimenez had just shown a protester
             | being arrested when about half a dozen white police
             | officers surrounded him.
             | 
             | Mr Jimenez told the Minnesota State Patrol officers: "We
             | can move back to where you like", before explaining that he
             | and his crew were members of the press, adding: "We're
             | getting out of your way."
             | 
             | The journalist was handcuffed and led away alongside a
             | producer and camera operator for CNN.
             | 
             | https://www.youtube.com/watch?v=TIClA57jWmQ&t=138s
             | 
             | accompanying story from same publication's site:
             | 
             | https://www.independent.co.uk/news/world/americas/cnn-
             | report...
        
               | mehrdadn wrote:
               | Thanks! Yeah, so that seems potentially distasteful (and
               | maybe with bad optics for the executive) but I just don't
               | see what's illegal about it.
        
               | gpm wrote:
               | Arresting someone (restricting their movements) without
               | probably cause that they are guilty of a crime is
               | generally known as "false imprisonment", sticking them in
               | a van and driving them away is generally known as
               | "kidnapping", both are crimes.
               | 
               | If we believe the journalists that they were legally in
               | the area, and the police either knew this or at least
               | didn't have probable cause to support that they weren't
               | legally in the area, I don't see how both of the above
               | crimes were not committed.
        
               | mehrdadn wrote:
               | But _do_ you actually believe police didn 't suspect
               | there was a crime? The video doesn't suggest that to me
               | at all. Like this other person wrote [1], it doesn't seem
               | unlikely that they were ordered to disperse or something
               | under some public safety law and refused. (Or, I guess,
               | you could say the reporter just didn't hear it and missed
               | the memo. Doesn't really change it from the officer's
               | perspective though.)
               | 
               | [1] https://news.ycombinator.com/item?id=23409320
        
               | gpm wrote:
               | I personally find it hard to believe that the police
               | believed they had probably cause after the journalists
               | told them that they had been instructed to stand there by
               | another cop.
               | 
               | Specifically I certainly don't believe that the
               | journalists actually committed a crime if they had
               | instructions from another cop that they could stand
               | there. Those instructions would tend to negate any
               | general order, and even if it didn't legally negate the
               | order it would constitute entrapment and functionally
               | negate it anyways. As a result I don't believe the police
               | would think they had probable cause after they heard the
               | camera crew claim they had received that instruction (and
               | amusingly this is regardless of whether or not the camera
               | crew had actually received the instruction they claimed
               | to have received - to make it false arrest/kidnapping it
               | suffices to be a probable enough claim that the police no
               | longer believe they have probable cause).
               | 
               | A secondary weaker argument is that the governors order
               | excluded the press from the curfew so even if the police
               | had issued an order which included the press that order
               | was illegal as applied to the press, and as a result they
               | had no probable cause to arrest the press. It's weaker
               | because to show they committed a crime under this theory
               | I suspect (without checking Minnesota's statutes) you'd
               | have to show they were aware of the contents of the
               | governors order.
               | 
               | IANAL/I am not aware of the details of Minnesota's
               | statutes - obviously details of the statues might change
               | the above analysis in either direction.
        
               | mehrdadn wrote:
               | > I personally find it hard to believe that the police
               | believed they had probably cause after the journalists
               | told them that they had been instructed to stand there by
               | another cop.
               | 
               | At what timestamp did the journalists tell the police
               | officers that they had been instructed to stand there by
               | another cop? I must've missed that part when I watched
               | the video.
        
           | thephyber wrote:
           | I know exactly how the police will be defended:
           | 
           | "20 minutes before the video you saw, police announced that
           | the protest was closed and declared an unlawful assembly for
           | the purposes of public safety. All people remaining after
           | that warning were in violation of the law and the officers
           | followed their instructions to clear the area."
        
           | anewdirection wrote:
           | The CNN arrest was not violent, not were they held long. The
           | reporter later said everyone was nice, and they had orders to
           | arrest anyone in the path of the crowd who did not
           | immediately disperse. If there is an example of the police
           | acting badly, or treating press differently, this is not it.
        
             | thephyber wrote:
             | Unfortunately, I don't think this comment should be voted
             | down. I suspect it's exactly the orders police are given
             | when the order to disperse a crowd/protest is given.
        
             | jbeam wrote:
             | An arrest doesn't need to be violent for it to be a bad
             | act. At that point they were surrounded and would have had
             | to push through the police to "disperse." They repeatedly
             | asked police officers where they should go and were met
             | with silence, so it's not clear where they were supposed to
             | disperse to. They were arrested without the police saying a
             | word as to why they were arresting them.
             | 
             | That screams of "I'm trying to figure out a way to arrest
             | you, but I can't think of a reason. I'm going to do it
             | anyway." Police should not be arresting journalists (or
             | citizens!) for no reason. Being released quickly doesn't
             | suddenly make the original act okay. It just makes it so it
             | doesn't get worse.
        
             | dharmab wrote:
             | They were released quickly because the president of CNN was
             | on the phone with the Governor of Minnesota within minutes.
             | 
             | https://www.cnn.com/2020/05/29/politics/tim-walz-
             | minnesota-c...
        
       | eric_b wrote:
       | I'm interested to see what comes out of all this. I am very glad
       | I do not live in Minneapolis. I did not see a specific damages
       | amount in the complaint, but I am assuming it will be high,
       | especially if granted class action status. Bankrupting state and
       | city police forces probably "feels" good to a lot of people here.
       | But what are the second and third order effects of underfunded
       | police departments?
       | 
       | In MN the Minneapolis city council wants to disband the police
       | department entirely. This may be all talk, and I'm not sure if
       | it's technically possible, but what happens if there is no police
       | department? What are the second and third order effects of that?
       | Is having no law enforcement a better outcome for the residents?
       | My initial reaction is "no".
       | 
       | When confronted with videos of people rioting, looting and
       | vandalising most respond that "it's only a few bad apples, the
       | vast majority are peaceful". Is it not true that most cops are OK
       | too? I'm honestly asking. Yes there are some problem cops -
       | Chauvin obviously having a long history of issues. But are we
       | really saying that the majority of cops are bad actors? It feels
       | like with emotions so hot right now, people are willing to throw
       | the baby out with the bathwater. I am skeptical that is the right
       | course of action.
        
         | r00fus wrote:
         | > I am very glad I do not live in Minneapolis.
         | 
         | You know the protests are in all 50 states. Some of the flare-
         | ups are due to responses to pent-up frustration from covid, but
         | a lot are due to police riots/escalation. The rest of the
         | protests are peaceful.
         | 
         | > But what are the second and third order effects of
         | underfunded police departments?
         | 
         | Police departments, for many reasons, are the most over-funded
         | [1]. NYPD went on strike and crime actually went down [2] for
         | the month they didn't police.
         | 
         | The goal is not to "disband" but essentially rewrite the entire
         | purpose of the department. Essentially put the policing
         | function in receivership to be revived with new leadership.
         | 
         | [1] https://theappeal.org/spending-billions-on-policing-then-
         | mil...
         | 
         | [2] https://www.latimes.com/science/sciencenow/la-sci-sn-
         | proacti...
        
         | loopz wrote:
         | Police behaviour and processes are systemic. They're supposed
         | to use right strategies and target the "bad apples". They're
         | also dependent on leadership.
        
           | eric_b wrote:
           | I agree. The bad apples have to go. My concern is that we
           | want to "hurt" the police rather than fix the systemic
           | issues.
           | 
           | It seems that the Minneapolis police department has had
           | excessive force issues for years. That feels like a
           | leadership failure to me. In that case you'd look at the
           | Chief, the union rep, the Mayor and any other folks who can
           | change the culture but don't.
        
             | loopz wrote:
             | Was thinking about looters. The police is a system that
             | should find better solutions. It also need to police itself
             | as you mention. It's a culture thing, so very easy to
             | improve!
        
             | anigbrowl wrote:
             | Reformists have had decades to work in and the outcome is
             | that we just see more impunity, more hardware, and more
             | money spent on policing to the detriment of all other
             | social services. The approach has failed dismally and it's
             | time to take a more drastic approach.
        
             | briansteffens wrote:
             | > That feels like a leadership failure to me. In that case
             | you'd look at the Chief, the union rep, the Mayor and any
             | other folks who can change the culture but don't.
             | 
             | Yeah, I agree 100%, and this is why the "few bad apples"
             | angle falls apart. This is a widespread problem with the
             | culture of many police departments. It's not enough to fire
             | the murderers themselves, we also need to ask:
             | 
             | - Who hired them?
             | 
             | - Who trained them?
             | 
             | - Who supervised them?
             | 
             | - Who looked into the previous excessive force complaints
             | and decided they weren't a problem?
        
         | bberenberg wrote:
         | I don't think disbanding a police force means what you think it
         | means. Take a look at https://www.governing.com/topics/public-
         | justice-safety/gov-c...
         | 
         | The goal is to wipe the slate clean and rebuild from the
         | foundation.
        
           | eric_b wrote:
           | From your article:
           | 
           | "The Camden County Police Department rehired most of the
           | laid-off cops, along with nearly 100 other officers, but at
           | much lower salaries and with fewer benefits than they had
           | received from the city."
           | 
           | So the solution was to keep most of the cops (which I agree
           | with) and then pay them less (which I, umm... I mean... that
           | doesn't seem like a recipe for success but eh).
           | 
           | From that article it sounds like it's too early to tell if it
           | worked. Is the new police force doing better than the old
           | one?
        
             | r00fus wrote:
             | Police are some of the highly-paid government employees out
             | there. And that's not counting overtime.
        
               | anewdirection wrote:
               | Also one of the most corrupt. I wonder if better pay
               | disincentivises fraud and corruption?
        
             | leetcrew wrote:
             | if they managed to rehire most of the officers and some new
             | ones on lower salaries, that sounds like their salaries
             | were mispriced to begin with. a clear win for the taxpayers
             | in my book.
        
             | bberenberg wrote:
             | You can look into a history of similar activities across
             | the world. The process of firing and rebuilding from
             | scratch is the only one I know that has consistently
             | worked. The ones that come to mind other than Camden is
             | Northern Ireland [1] and Georgia (country)[2]. I believe
             | there were a few other cases of this in the US, but I can't
             | remember them off the top of my head.
             | 
             | The Norther Ireland article specifically covers a few of
             | the reasons _why_ this works.
             | 
             | Edit: I realized that I didn't respond to your question of
             | whether this demonstrates an improvement in Camden. Citylab
             | seems to think so, but offers a nuanced explanation of why
             | this may not be the case and what other factors are at play
             | [3]
             | 
             | [1] https://www.sipri.org/commentary/topical-
             | backgrounder/2019/p...
             | [2]https://www.centreforpublicimpact.org/case-
             | study/siezing-mom... [3]
             | https://www.citylab.com/equity/2018/01/what-happened-to-
             | crim...
        
         | vertex-four wrote:
         | The problem is that the "good" police are incentivised to
         | protect the "bad" police, and do so. You're not going to find
         | the "good" police investigating and charging their colleagues -
         | when it does happen, they're inevitably harassed and removed
         | from the force - and nobody else is in a position to do so, so
         | what you get is the "bad" police operating with impunity.
         | 
         | And there's effects on the wider system - courts will believe a
         | police officer's account of what happened pretty much no matter
         | the opposing evidence. There's no accountability when a police
         | officer goes against the reasons they were hired, and destroys
         | people's lives.
         | 
         | There's the possibility of alternative systems of protection
         | and justice, which don't create organisations which are
         | incentivised to protect murderers, abusers, and rapists.
        
           | eric_b wrote:
           | What do some of those systems look like? Have any been tried
           | on a large scale? Are they effective? (Honestly asking, I am
           | trying to imagine something other than a police force - or
           | that looks like a police force - that can effectively deal
           | with crime)
        
             | testbot123 wrote:
             | I don't think they're advocating for disbanding the
             | department completely (from the article):
             | 
             | > I don't know yet, though several of us on the council are
             | working on finding out, what it would take to disband the
             | MPD and start fresh with a community-oriented, non-violent
             | public safety and outreach capacity.
             | 
             | It takes a lot of investment in the community, but it
             | works: https://www.citylab.com/equity/2018/01/what-
             | happened-to-crim...
        
             | vertex-four wrote:
             | On a large scale, not really. It's very, very hard to
             | change a society away from being under the control of the
             | police. On a smaller scale - yeah. There's a lot of books
             | on the subject of transformative justice, and various
             | methods are practiced in many many leftist spaces. I've
             | been involved in some of it, and it's worked from my
             | perspective.
             | 
             | And simply _meeting people 's needs_ deters a lot of crime
             | - nobody's going to wind up in a position where they're
             | robbing a gas station if they know, from an early age, that
             | they're going to be sheltered, well fed, and have a good
             | life, and this isn't dependent on massive amounts of luck,
             | and if they fuck up there's another chance.
        
               | [deleted]
        
             | [deleted]
        
           | [deleted]
        
           | gen220 wrote:
           | As far as I understand it[1], the state and the federal
           | government have the ability to prosecute police misconduct,
           | and their incentives are aligned to crack down on the bad
           | police officers.
           | 
           | The problem is that they are dramatically limited in the
           | types of charges they can press against officers of the law
           | (charges that carry big penalties, and have a very high
           | burden of proof). This is anachronistically because we as a
           | society have decided that officers deserve benefit of the
           | doubt in the lack of compelling evidence. These days, many
           | instances of misconduct are recorded, and the rules should
           | change.
           | 
           | In Eric Garner's case, for example, the govt attorneys
           | declined to press charges, because they lacked sufficient
           | evidence that the officer was _knowingly_ violating the
           | rights of Eric Garner. The burden of proof for any kind of
           | misconduct charge is currently so high, that even an
           | egregious misconduct case like this passes by untouched.
           | 
           | If the attorneys general had a wider range of misconduct
           | charges in their arsenal, they could raise the _average_ cost
           | of police misconduct, and it might improve the situation.
           | 
           | [1] recently informed by
           | https://www.stitcher.com/podcast/pushkin-industries/deep-
           | bac...
        
             | sonotathrowaway wrote:
             | The NYPD kidnapped and involuntarily committed a
             | whistleblowing officer who they learned had evidence of
             | their stop-and-frisk quotas.
        
           | wanderr wrote:
           | If "good" police are standing by and allowing "bad" police to
           | get away with these things, I'd argue that they are complicit
           | in the bad behavior and not so "good" after all.
        
             | vertex-four wrote:
             | Indeed, there's a reason I put them in quotes.
        
         | jdavis703 wrote:
         | If it's only a few bad apples why are we seeing lines of cops
         | firing tear gas at peaceful protests, running their motor
         | vehicles in to people and hiding their badge numbers and names?
        
         | trhway wrote:
         | > Is it not true that most cops are OK too? I'm honestly
         | asking. Yes there are some problem cops - Chauvin obviously
         | having a long history of issues. But are we really saying that
         | the majority of cops are bad actors?
         | 
         | judge for yourself - the 3 randomly selected cops from
         | Minneapolis PD were clearly aware of what was happening and
         | were just watching as business as usual when a sadistic
         | psychopath (just watch the video and listen to the Chauvin's
         | tone of voice for example) was slowly and torturously executing
         | a human being. What those 3 tell you about the cops en masse?
         | 
         | >a long history of issues
         | 
         | It is pretty typical - while many cops would usually not commit
         | severe abuse/crimes/etc. at their own will, they would do
         | nothing to stop, prevent, help to prosecute the "bad apples"
         | cops. Basically it is a police union's, the Fraternal Order of
         | Police's, version of omerta. And that makes them at least
         | accessories to all those crimes.
        
         | pjc50 wrote:
         | > But are we really saying that the majority of cops are bad
         | actors?
         | 
         | As with the Floyd case, for every murder by police there are
         | three officers standing by watching and doing nothing, at best.
         | 
         | The examples to watch are Camden NJ and the RUC -> PSNI
         | transition.
        
       | fallingfrog wrote:
       | I'm pretty sure the problem of police abusing their power is
       | never going away, so long as we have policing in its current form
       | rather than some sort of unarmed or lightly armed community
       | helpers. The reason they are always equipped with lethal weapons
       | and so quick to use them is that their role is mostly to protect
       | the people who have property from the people who don't. And in
       | America that's always going to have a racial element. Black
       | people in America are mostly still used as cheap labor- human
       | capital stock. Unless they are willing to start redistributing
       | wealth away from the super wealthy towards the least wealthy the
       | ruling strata will always have to use violence to maintain order.
       | And that means journalists too.
       | 
       | That is why if you want to highlight who is holding the real
       | power and address the issues of inequality, the best place to
       | start is to attack the police directly. Because it's something
       | that they are structurally unable to fix without fixing a whole
       | bunch of other stuff first, and it places the focus right in the
       | center of where the violence is coming from. It forces a
       | confrontation by making a demand that they cannot ignore but also
       | cannot actually address.
        
         | anewdirection wrote:
         | Being armed does not matter, unchecked power matters. I could
         | care less if they carried ak47s as long as they used them more
         | sparingly. Disarming the police might have more effect on how
         | interactions happen, but is not the problem, nor a very
         | workable solution where citizens have the right to be armed.
         | 
         | The police are bound by laws. Attacking them is not helpful. If
         | the police are bad, the laws are bad, and/or not being
         | enforced. The history of mandatory sentancing laws (funny
         | enough brought forward by none other than Joe Biden) might as
         | well be the soundtrack for police racism over the last 20
         | years.
        
       | MBCook wrote:
       | As so many of these incidents have happened over the last few
       | days it seems like there should be a law that heightens the
       | penalties when cops attack the press compared to the current
       | penalties.
        
         | thephyber wrote:
         | No thanks.
         | 
         | We already have tons of statutes for all sorts of
         | assault/battery with modifiers if they are done using lethal
         | weapons.
         | 
         | Police have already been demanding that "hate crime" laws
         | (which are historically limited to who you are, not your
         | profession or your choices) be amended for extra harsh
         | punishment for attacks on police officers (despite many other
         | existing statutes with similar purposes).
         | 
         | In the end, prosecutions of police with harsher statutes don't
         | matter unless the conviction rate goes up. Right now,
         | convictions of officers for actions done while in uniform are
         | astronomically low. We need to work the other parts of the
         | problem (gathering evidence, getting police to stand witness
         | against other police, getting DAs to actually charge and push
         | for convictions, firing of officers for conduct unbecoming an
         | officer, etc).
        
           | zucker42 wrote:
           | Well a big problem not included in your post is that police
           | officers can't face liability for violating people's rights
           | in many cases because of qualified immunity.
        
             | cxr wrote:
             | This is the kind of comment that makes reading through
             | incredibly frustrating.
             | 
             |  _What do you _mean__ that 's not included in the parent
             | post? What else do you think the parent is saying if not
             | _exactly that_?
        
               | sharkmerry wrote:
               | ?
               | 
               | Parent post did not mention qualified immunity it doesnt
               | seem.
               | 
               | > Right now, convictions of officers for actions done
               | while in uniform are astronomically low. We need to work
               | the other parts of the problem (gathering evidence,
               | getting police to stand witness against other police,
               | getting DAs to actually charge and push for convictions,
               | firing of officers for conduct unbecoming an officer,
               | etc).
               | 
               | it didnt say the low rate was due to qualified immunity
        
               | thephyber wrote:
               | To be fair, QI is a civil liability problem and I was
               | mostly talking about the criminal trial problem.
               | 
               | If more police were tried in criminal cases, that would
               | make it far easier to build evidence for a civil case
               | which could overcome the QI standard. OJ Simpson was
               | acquitted in the murder trial, but lost his entire wealth
               | in the subsequent civil trial to his in-laws.
        
               | zucker42 wrote:
               | He didn't include ending qualified immunity under the
               | list of things he thought have to change, even though
               | it's one of the most important. Plus, all the things he
               | included are social changes or executive policy changes
               | rather than a specific legal change like ending qualified
               | immunity. There are specific efforts to end qualified
               | immunity [1], while his suggestions amount to "we need to
               | change culture", which is completely true but not as
               | actionable. It could be that he meant to include ending
               | qualified immunity, but being specific doesn't hurt.
               | 
               | [1]
               | https://www.forbes.com/sites/nicksibilla/2020/06/03/new-
               | bill... (direct source at https://twitter.com/justinamash
               | /status/1267267244029083648)
        
               | thephyber wrote:
               | > He didn't include ending qualified immunity under the
               | list of things he thought have to change, even though
               | it's one of the most important.
               | 
               | I didn't name check it, but if you check my post history
               | there's a reason I didn't call for an outright repeal of
               | QI -- I don't yet know what the effect of that would be
               | or what measures might replace it.
               | 
               | I'm all for removing QI (and outlawing indemnification of
               | LEOs in employment contracts) and replacing QI with
               | something like professional insurance, but from my
               | understanding the problem isn't that "QI prevents cases
               | from being brought to court", but that DAs don't actually
               | bring cases to court which could beat the QI standard.
               | 
               | Also, in my understanding, QI is simply protection
               | against _civil_ actions, not criminal prosecution. To
               | repeat - I think the _core_ problem is more that DAs don
               | 't bring the cases, not that the law is insurmountably
               | high.
        
               | zucker42 wrote:
               | Yeah like I said, I largely agree with you, I was just
               | tacking on QI.
        
               | shkkmo wrote:
               | "law that heightens the penalties when cops attack the
               | press" seems to be talking about increased criminal
               | penalties not civil liability.
               | 
               | Ending qualified immunity doesn't do anything to help the
               | application of criminal penalties against police who
               | violate the law, it only restores the civil liability for
               | those actions.
        
             | thephyber wrote:
             | I concede that QI is a problem and should be addressed. So
             | should contractual indemnification of officers by the
             | department (which is a contractual way to bypass the
             | doctrine of QI).
             | 
             | My list was not comprehensive.
        
         | lhorie wrote:
         | I don't really understand comments that ask for heightened
         | penalties for [topic-du-jour]. In my mind, the justice system
         | should not strive to be _more punitive_, but rather to be
         | _fair_.
         | 
         | If we follow the logic of making punishments harsher (say,
         | adding years of prison to a violent cop), what then do we as a
         | society expect is supposed to happen when said cop finally
         | attempts to reintegrate into society after doing their prison
         | sentence? We can't keep "wishing away bad guys" as if real life
         | was a movie that conveniently ends at a happy ending.
         | 
         | If anything, a revamp of the current system needs to _do away_
         | with special protections and other dis-equalizer factors.
         | 
         | For the matter of police violence specifically, I feel that the
         | courts are not even the best medium for change. For example,
         | why is the topic of police training largely absent in these
         | discussions?
        
         | sukilot wrote:
         | Which should be penalized more? Shooting a journalist for
         | journaling, or shooting a Black person for being black?
         | 
         | Ranking victims by status is a dangerous game.
        
           | rumanator wrote:
           | > Which should be penalized more? Shooting a journalist for
           | journaling, or shooting a Black person for being black?
           | 
           | Both?
           | 
           | I don't believe anyone was asked do pick. It's a false
           | dichotomy.
        
         | siphor wrote:
         | I'd like a law that makes policing without a body camera
         | illegal and a low felony/misdemeanor
        
           | pnw_hazor wrote:
           | This is a tough one. In Seattle police are directed to not
           | use their body cams unless they are doing crime investigation
           | stuff. The policy is designed to protect the privacy of
           | people not under investigation or otherwise not involved in
           | crime.
           | 
           | In pre-body cam days Seattle PD got caught video taping
           | protests or demonstrations. The current policy prevents that.
           | 
           | Thus, Seattle cops generally have their cams turned off while
           | dealing with demonstrations or protests.
        
             | smileysteve wrote:
             | Lol, as if there are no public cameras, cars don't have
             | dash cams, ATMs and stores don't have cameras, or that
             | citizens have no expectation of privacy from one another
        
             | siphor wrote:
             | Very good point. I'm sure some hardware that uploads
             | encrypted footage that's only accessible with a warrant is
             | technically possible - which would alleviate this concern.
             | But that's in a perfect world.
        
             | trhway wrote:
             | >The policy is designed to protect the privacy of people
             | not under investigation or otherwise not involved in crime.
             | 
             | Obviously lame excuse by the PD as the delete button can do
             | the same.
        
               | pnw_hazor wrote:
               | It was directive by the city, not the police.
        
               | trhway wrote:
               | so the city didn't trust the police to press the delete
               | button. Not surprising really.
        
             | CamperBob2 wrote:
             | _The policy is designed to protect the privacy of people
             | not under investigation or otherwise not involved in
             | crime._
             | 
             | And conveniently, you don't know if you'll be under
             | investigation or accused of a crime until it's too late to
             | turn the camera on.
             | 
             | Sorry, that excuse doesn't fly. This concern should be
             | addressed by controlling the custody of the footage, not by
             | preventing it from being captured in the first place. In
             | reality, body cameras _protect_ good cops.
        
               | bcrosby95 wrote:
               | Policies like this have been adopted with support from
               | the ACLU. Your flippantly dismissive attitude towards
               | this view makes me think you aren't all that aware of why
               | cities might have this policy:
               | 
               | https://www.aclu.org/blog/privacy-
               | technology/surveillance-te...
        
               | CamperBob2 wrote:
               | (Shrug) When weighing theoretical abstract harms against
               | everyday atrocities, I find it fairly straightforward to
               | pick a side.
               | 
               | The ACLU says, "There is a long history of law
               | enforcement compiling dossiers on peaceful activists
               | exercising their First Amendment rights in public marches
               | and protests, and using cameras to send an intimidating
               | message to such protesters: "we are WATCHING YOU and will
               | REMEMBER your presence at this event.""
               | 
               | I don't remember anything like that happening, at least
               | not recently. Do you? The FBI behaved that way towards
               | MLK, certainly, but it didn't have anything to do with
               | body cameras.
               | 
               | In any case, I haven't argued, and won't argue, that
               | police officers, or even the department itself, should
               | have access to the footage except when necessary to
               | defend themselves. Ideally it would be encrypted with a
               | key held by an oversight board with substantial civilian
               | representation.
        
           | MBCook wrote:
           | While I understand the sentiment, my understanding was that
           | there is no evidence that body and actually improve outcomes
           | even when they are actually used.
        
         | Ididntdothis wrote:
         | Better to enforce the current laws. That should be sufficient.
        
         | leetcrew wrote:
         | I don't think the press should have special protections over
         | ordinary citizens. the penalty for _any_ unwarranted use of
         | force should be increased to whatever you would want for
         | journalists.
        
           | dpeck wrote:
           | Yes!
           | 
           | Press is a thing people do, not a credential people have. All
           | people should have freedom to observe and report on (to the
           | extent they wish or do not wish to) actions of the state.
           | Restricting that should have severe punishment.
        
             | ghouse wrote:
             | Agreed, though be careful what you ask for. If you're not a
             | publisher (press), you can't libel. Slander, sure. But
             | libel, no.
        
               | leetcrew wrote:
               | IANAL, but it's my understanding that anything written
               | and viewed by a third party is considered "published" wrt
               | libel. so it's already trivially easy for an ordinary
               | person to commit libel.
        
             | stcredzero wrote:
             | _Press is a thing people do, not a credential people have.
             | All people should have freedom to observe and report on (to
             | the extent they wish or do not wish to) actions of the
             | state. Restricting that should have severe punishment._
             | 
             | Social media platforms, take note!
        
               | joshuamorton wrote:
               | Social media platforms should also have that right. And
               | in fact they do:
               | 
               | https://news.ycombinator.com/item?id=23408093
        
           | jedberg wrote:
           | Edit: I'm wrong. See below.
           | 
           | The reason they have special protection is because the
           | constitution grants them special protection. The question of
           | who is "the press" in this day and age where anyone can
           | publish anything is certainly up for debate though.
        
             | gpm wrote:
             | > The reason they have special protection is because the
             | constitution grants them special protection.
             | 
             | I'm not a lawyer, but it doesn't
             | 
             | > There is no precedent supporting laws that attempt to
             | distinguish between corporations which are deemed to be
             | exempt as media corporations and those which are not. We
             | have consistently rejected the proposition that the
             | institutional press has any constitutional privilege beyond
             | that of other speakers.
             | 
             | Supreme court in citizen's united, internal quotation marks
             | omitted.
             | https://www.supremecourt.gov/opinions/09pdf/08-205.pdf
             | 
             | > protections of the First Amendment do not turn on whether
             | the defendant was a trained journalist, formally affiliated
             | with traditional news entities, engaged in conflict-of-
             | interest disclosure, went beyond just assembling others'
             | writings, or tried to get both sides of a story.
             | 
             | 9th circuit in Obsidian Finance Group, LLC v. Cox http://cd
             | n.ca9.uscourts.gov/datastore/opinions/2014/01/17/12...
        
               | jedberg wrote:
               | Fair enough, thanks for the info. Looks like I was wrong.
        
               | zucker42 wrote:
               | I mean I suppose the argument could be that they are
               | afforded special protections because they are _acting_ as
               | press (i.e. at the protests primarily to document and
               | report events). But the constitution protects peaceable
               | assembly as well as the freedom of the press, so it 's
               | hard to see how this case would turn on that.
        
         | rolph wrote:
         | using weapons or injurious force to facilitate:
         | 
         | interfering with the evidence of, or the report of a crime? for
         | the purpose of evasion of prosecution? tampering with a
         | witness?
        
       | jedberg wrote:
       | In case you agree and want to help with money:
       | 
       | https://action.aclu.org/give/now
        
         | davidw wrote:
         | Done, thanks! I hadn't given to them in a while.
        
         | epmatsw wrote:
         | For those of us here who receive stock compensation, you can
         | donate that directly too! If the stock has long term capital
         | gains, the tax savings can let you donate even more.
         | 
         | https://www.aclu.org/gifts-stock
        
         | myself248 wrote:
         | Is there a way to give anonymously, such that I won't get spam
         | from other charities who found out I gave to this one?
         | 
         | I don't know if the ACLU does that, but literally every other
         | charity I've ever given to has, and I value my data more than
         | that.
        
           | rtkwe wrote:
           | I do wish there was an I'm not interested in donating option
           | for mailers or a list I could get on to say I'm not
           | interested. One good thing about calls is at least you can
           | get off the list, no option for that I've seen with mailer
           | spam.
        
       | williesleg wrote:
       | Who can we use for all the wonton destruction? Hello? Anybody?
        
       | mrfusion wrote:
       | Wouldn't this just be a regular lawsuit? Why do you need the
       | ACLU?
        
         | dagnabbit wrote:
         | Why does the ACLU's participation bother you?
        
         | travmatt wrote:
         | Because the ACLU has a professed interest in defending freedom
         | of the press?
        
           | coffeefirst wrote:
           | And a full-time staff that specializes in this sort of thing.
        
         | dangus wrote:
         | This...is a regular lawsuit?
         | 
         | This is why people donate to the ACLU. So that they can do the
         | extensive work, pay lawyers, etc.
        
           | mrfusion wrote:
           | I feel like we should save ACLU resources for winning new
           | freedoms or taking back lost freedoms. (Not that This isnt a
           | noble cause. )
        
             | lovegoblin wrote:
             | > taking back lost freedoms.
             | 
             | Better not to lose them in the first place, though, right?
        
             | archon wrote:
             | This is part of the larger issue of the police - in
             | Minneapolis and a lot of other places - actively resisting
             | efforts by the public to document police actions and
             | provide any level of accountability through those
             | recordings. That is a freedom that needs to be defended.
        
             | function_seven wrote:
             | That's exactly what's going on here. The press has a
             | constitutional right to report. This lawsuit alleges that
             | the police violated that right. And not just once, but
             | systemically.
             | 
             | Now they're suing to take back that lost freedom. If they
             | don't, then what's to stop this continuing to be the norm?
             | 
             | I can't think of a clearer example of what the ACLU exists
             | to do.
        
         | gruez wrote:
         | Maybe because those people can't otherwise afford a lawyer to
         | sue the city/state?
        
           | mrfusion wrote:
           | It's the press though. Aren't they owned by largest
           | corporations in the world?
        
       | zucker42 wrote:
       | I read through the whole complaint and it's a pretty shocking
       | catalog of abuse of power, discretion, and force. And it only
       | covers actions against journalists, and only in the city of
       | Minneapolis.
        
         | iramiller wrote:
         | Power and anonymity will yield extensive abuses. Even video
         | recording isn't very helpful for a sea of soldiers hiding
         | behind face masks and shields. To control the abuse each
         | soldier or officer in riot gear should have a badge number in
         | block type the same size as the word POLICE on their uniform.
         | Combine this with pervasive recording and the public can
         | peacefully hold bad actors to account via video.
        
         | pasabagi wrote:
         | It's also bizarre because it's so stupid. Normally, police
         | don't beat journalists because they're conscious that if you
         | force the media to side with the protesters, it's pretty much
         | all downhill from thereon in. Once the media has a narrative,
         | politicians will start picking up on it for political capital,
         | and then it's only a matter of time before low and mid-level
         | police start getting thrown under the bus.
         | 
         | I'd be interested to know to what extent it is that the police
         | have simply internalized Trump's media antipathy. Perhaps the
         | insane self-destructiveness of his time in office is leaking...
        
           | thephyber wrote:
           | I think it's the other way around: the police had that
           | narrative before Trump and Trump picked up on it (and
           | probably studied/learned of Nixon's strategy).
           | 
           | The police and police wives in my family were already very
           | cynical of journalists way back before Trump got roasted at
           | the White House Correspondent's Dinner.
           | 
           | Every journo article that criticizes the work of an officer,
           | a criminal case of the department, or any slight of the
           | honor/reverence that Blue Liners have for the profession /
           | individual LEOs is taken very seriously. The irony is that
           | the journos can't publish accurate information without
           | sources and police and their families don't/won't/can't be
           | sources which would make their stories more accurate.
           | 
           | In the end, you get a media outlet either echoing the
           | statement of the PR department of the Police or you get an
           | investigative reporter doing the actual "checks and balances"
           | role of the media. I just think police culture (and the
           | legal/employment restrictions placed on officers) can't be
           | comfortable with freedom of the press.
        
             | newacct583 wrote:
             | > police and their families don't/won't/can't be sources
             | which would make their stories more accurate.
             | 
             | That's not true at all. Media coverage of law enforcement
             | matters is filled with quotes, anonymous and named, from
             | the police community. That's not less true right now.
             | 
             | There's nothing stopping these people from talking to the
             | press. Like anyone with an opinion, they're happy to do it
             | for the most part.
        
               | thephyber wrote:
               | Yes and no.
               | 
               | It's true that police officers and their families do have
               | 1st Amendment protections, but they are also governed by
               | employment law and can be castigated by brass, fellow
               | officers if they cause ripples which screw up a case or
               | department morale.
               | 
               | > There's nothing stopping these people from talking to
               | the press.
               | 
               | If you work for a company, were told that only the
               | communications office was allowed to talk to the press
               | about company business, the press asked you for a quote
               | about something your company did, and you undermined the
               | company's product/feature/initiative in a named quote, do
               | you think your employer has the legal right to fire you
               | for insubordination?
               | 
               | If it's police wives, they probably aren't allowed to
               | have the information by department policy, so the officer
               | who passed on that information could (and should) receive
               | a reprimand.
               | 
               | With legal cases, police officers can't just go talking
               | to press about a case because it could be used by the
               | defense attorney to muddy the facts of the investigation
               | or get some evidence thrown out.
        
             | pasabagi wrote:
             | Thanks for the insights - I didn't realize (not an
             | american) that the US police were so identitarian. But
             | then, I guess that absolutely fits with american culture in
             | general.
             | 
             | >can't be comfortable with freedom of the press.
             | 
             | I can see that - but equally, while each institution has an
             | extreme pole it pulls towards, there are usually a few
             | cooler heads who keep everybody grounded. Beating up
             | journalists is an inherently self-destructive thing to do,
             | no matter what you feel about them - ultimately, they have
             | power, and if you beat them up, they're going to hold a
             | grudge.
             | 
             | Perhaps the thing that Trump is really doing is
             | demonstrating that, for whatever reason, normal rules no
             | longer apply. You can build a wall in the desert. You can
             | threaten people with real nuclear weapons on twitter. You
             | can hit that jerk journalist who thinks he's smarter than
             | you.
             | 
             | Anyhow, it's very strange. If I was in the US, I'd
             | definitely be trying to diversify out of the country. Norms
             | are what make a civilization. When they start getting
             | broken from the top down, anything can happen.
        
           | tw000001 wrote:
           | >bizarre because it's so stupid. Normally, police don't beat
           | journalists because they're conscious that if you force the
           | media to side with the protesters, it's pretty much all
           | downhill from thereon in. Once the media has a narrative,
           | politicians will start picking up on it for political
           | capital, and then it's only a matter of time before low and
           | mid-level police start getting thrown under the bus
           | 
           | This was all going on from day one of the reportedly
           | "peaceful" protests. I've watched multiple anchors on CNN and
           | MSNBC discuss "peaceful" protests against backdrops of live
           | rioting/burning/looting.
           | 
           | The police need some degree of reformation but journalists
           | chose a side at least as early as 2016. This is what happens
           | when activist journalism is completely normalized. Police are
           | humans too. You can only expect them to take so much targeted
           | abuse before they target those who are amplifying threatening
           | voices.
           | 
           | What are the common refrain on _every single stream_ after
           | the sun goes down?  "FUCK 12". People openly threatening to
           | murder police. All night long. These are the people
           | journalists are defending. These are the agitators that the
           | police have to deal with. Where are news reports of
           | protesters throwing rocks at riot police? Multiple incidents
           | of people throwing artillery shells (fireworks) into police
           | crowds?
           | 
           | You shouldn't trust the media any more than you trust the
           | current administration.
        
             | craftinator wrote:
             | That's one reason I prefer live reporting and live streams
             | to the highly curated content the news shared. The funny
             | thing is, every single live stream I've seen (30+) features
             | the police starting violence first. I discount the looters
             | in this, cause thieves gonna thieve given the chance, but I
             | haven't seen a rock thrown that wasn't in response to
             | getting tear-gassed. Maybe cops are just used to absolute,
             | unquestioned authority, or maybe they just have a high
             | percentage of bullies and assholes, but after tens of hours
             | of footage I've watched live, the cops use violence first.
             | Which is a breach of our Constitutional right to protest. I
             | personally swore an oath to uphold the Constitution of the
             | United States against all threats foreign or domestic, and
             | breaching constitutional rights domestically makes these
             | cops a perfect description of that threat.
        
             | [deleted]
        
         | colllectorof wrote:
         | It shouldn't be shocking for anyone who was paying attention.
         | There is a good book about related issues by Radley Balco
         | called Rise of the Warrior Cop. Published in 2013. Unlike many
         | comments here and on other websites it's not hysterical, or
         | hyperbolic or contaminated with self-referential post-modernist
         | bullshit. It is a sober and factual analysis of how American
         | police became what it is right now. It's not an easy read, but
         | it's a must-read for anyone who wants to have a reasonable
         | picture of the problem.
         | 
         | The public notion of good policing and the actual practices
         | police departments follow have been diverging for several
         | decades (if they ever converged). What we're seeing right now
         | is not some inexplicable increase in bad behavior or cops
         | deliberately targeting journalists. For modern American police
         | this is just business as usual, except the volume of deployment
         | is significantly higher than in the past few decades and the
         | visibility is much higher as well.
         | 
         | Edit:
         | 
         | There is a flip side to this coin. When you have a systemic
         | problem of this scale, you should be cautious about making
         | simplistic (especially moral) judgements about individuals in
         | the system. When someone's training, incentives, position in
         | the community and even equipment nudge them towards bad
         | actions, even decent people will routinely do bad things.
        
           | thephyber wrote:
           | > When someone's training, incentives, position in the
           | community and even equipment nudge them towards bad actions,
           | even decent people will routinely do bad things.
           | 
           | "No snowflake in an avalanche ever feels responsible." --
           | Stainslaw Jerzy Lec
           | 
           | If we assume there is such thing as human free will (your
           | quote shrinks the possibility of what we can affect with our
           | free will), Police officers are agents who have the ability
           | to see these environmental factors and {choose to stay
           | officers, ignore employer-provided therapy, vote for the
           | union leadership which negotiates their employment contract,
           | etc.}.
           | 
           | We don't have as much control over our lives as we would
           | want, but police (as individuals and as a voting bloc) have
           | significantly more control over the lives of others than us
           | non-police do.
        
           | lovegoblin wrote:
           | > contaminated with self-referential post-modernist bullshit.
           | 
           | What do you mean by this?
        
           | elipsey wrote:
           | >> hysterical, or hyperbolic or contaminated with self-
           | referential post-modernist bullshit
           | 
           | Edit: Please see HN comment guidelines.
        
           | zucker42 wrote:
           | Don't get me wrong, I understand police violence is a
           | continuing problem, but that doesn't make this instance of it
           | less shocking.
           | 
           | As a meta note, I've noticed that people often respond to
           | comments saying "I'm shocked with a recent occurrence of X"
           | with "X has always been bad and been happening for a long
           | time" and in my opinion that response only serves to
           | desensitize people to the bad thing.
        
             | jfengel wrote:
             | The problem is that people are already desensitized.
             | They've watched X come and go and they act shocked every
             | time. Then they continue to push it down their list of
             | priorities when they vote.
             | 
             | By next week this will be pushed out of the news. By
             | November it will be completely forgotten, except among the
             | minority who it directly affects and were already aware.
             | All of the outrage you hear now will not translate into
             | change.
             | 
             | So when people say "X has been bad for a long time", people
             | need to hear that as "and this time you should remember it
             | and do something".
        
             | roenxi wrote:
             | There are a lot of different people out there who get
             | shocked over different things.
             | 
             | And writing for the 10-30% of people who think that
             | incentives matter more than innate character - we don't
             | need people to be sensitised and spring loaded to be
             | shocked. These growth of these problems has been a visible
             | trend for my entire lifetime and longer if you buy
             | arguments like those presented in, say, The Rise of the
             | Warrior Cop.
             | 
             | Anyone who gets shocked by trends that have been around for
             | that long is either very new to this, or part of the
             | problem. The solution is less shock, more reform to promote
             | basic principles of equality, freedom and prosperity.
        
           | nsajko wrote:
           | Off topic, but
           | 
           | > self-referential post-modernist bullshit
           | 
           | Umm, what? What contaminations exactly are you thinking
           | about? I just can't place self-referentiality into this
           | topic. Are you suggesting there is a comparable analysis that
           | _does_ include self-referential motifs? Also, why is self-
           | referentiality or postmodernism bullshit?
        
             | ForHackernews wrote:
             | Yes, there is a lot of self-referential nonsense out there.
             | 
             | A huge number of overwrought social media posts by [mostly
             | white, mostly upper-class] people not directly affected by
             | police violence are basically an exercise in centering
             | themselves and their own feelings. They are not sincere
             | efforts to grapple with a complex systemic problem.
        
             | Avicebron wrote:
             | Postmodernism is bullshit because it abandons any sense of
             | rationalism and science and is used as an arm waving way of
             | selling an agenda, often political, frequently done in a
             | cynical attempt to seize power illegitimately. Jurgen
             | Habermas has a thoughtful critique.
        
           | op00to wrote:
           | I know not to beat the shit out of press. So, no not good
           | people.
        
           | ianleeclark wrote:
           | > Unlike many comments here and on other websites it's not
           | hysterical, or hyperbolic or contaminated with self-
           | referential post-modernist bullshit.
           | 
           | Lobster brain claims another. I have to say that one of the
           | most overlooked forms of anti-intellectualism in modern life
           | is the immediate discount of anything that uses even remotely
           | complex terminology or looks in the general direction of
           | critical theory.
        
             | kinkrtyavimoodh wrote:
             | Some might argue that it is post-modernism itself that is
             | one of the most overlooked forms of anti-intellectualism,
             | as opposed to its criticism.
        
             | tristor wrote:
             | It's not anti-intellectual to reject a philosophy that is
             | based in the rejection of the very concept of truth and
             | reality. Post-modernism itself is anti-intellectual, as
             | it's a philosophy that individualizes experience while dis-
             | individualizing responsibility. It rejects both empiricism
             | and rationalism to choose the unhappy middle between the
             | both, elevating anecdote above experiment, emotions above
             | rationality.
             | 
             | "Critical theory" isn't even a thing and barely even
             | intersects with post-modernism, although I suppose it
             | shares some philosophical leanings. It's just a repackaging
             | of Marxist ideals applied to other demographic groupings
             | besides class, and it's just as easily disproven.
             | 
             | Edit: Thanks to whoever downvoted me, because they had
             | nothing worthwhile to say in response. Rejection of
             | objective truth is a core principle of post-modernism, you
             | can ask the post-modernists yourself if you like, they'll
             | agree. Meanwhile speaking the truth earns you hate since
             | the rise of post-modernism.
        
           | falcrist wrote:
           | One of the most poignant comments on police militarization
           | I've heard seems to have come from a television show.
           | 
           | "There's a reason you separate military and the police. One
           | fights the enemies of the state. The other serves and
           | protects the people. When the military becomes both, then the
           | enemies of the state tend to become the people." - Commander
           | Adams (Battlestar Galactica)
           | 
           | Obviously, this doesn't directly address the militarization
           | of the police, but it should be easy to see how it can go
           | both ways. Outfit the police as a military unit, and they'll
           | start acting like one. How much surplus military equipment
           | was sold to police since the Iraq war?
        
           | x86_64Ubuntu wrote:
           | Your edit is just a long way of saying "Nuremburg Defense"
           | which at least in the West, we've decided is wrong. Hell,
           | soldiers are trained to kill, but even they have ROE to
           | follow and are held accountable for bad shoots. I'm not sure
           | why police officers always seem to get a pass.
        
           | philipov wrote:
           | Shocking does not mean surprising. You can be paying
           | attention and still find things shocking. If something is no
           | longer shocking, it means you've allowed yourself to become
           | desensitized and accept it as an acceptable compromise of
           | society. No one should find this kind of behavior acceptable.
        
         | yibg wrote:
         | To me that's the more shocking part. In this day and age of
         | everyone having a cell phone and therefore camera, these will
         | be captured. Yet the people involved (individually and as an
         | organization) still went ahead, and in fact often applied
         | violent tactics against the press broadcasting live. They
         | either don't think they're doing anything wrong or don't care
         | as they believe (probably rightly) that there won't be any
         | consequences. Both are disturbing.
        
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