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Court Says Cop Wrongly Fired for Masturbation Video
Reuters/Yahoo ^ | 1/29/04

Posted on 01/29/2004 1:36:24 PM PST by martin_fierro

Court Says Cop Wrongly Fired for Masturbation Video

SAN FRANCISCO (Reuters) - A San Diego policeman who sold videos of himself masturbating after removing a police uniform was wrongly dismissed from the force, a U.S. appeals court ruled on Thursday.

An officer named in court documents only as John Roe sold the videos on the Internet vendor eBay Inc., where his hobby was discovered by his supervisor. Roe never identified himself as a San Diego police officer in his sales pitch and gave a fictitious address in northern California.

The San Francisco-based 9th Circuit Court of Appeals agreed with Roe that his dismissal by the San Diego Police Department in 2001 was unjust because his off-duty actions were protected by First Amendment rights to free speech.

"We hold that when the employee's speech is not about his government employer or employment, is directed to a segment of the general public and occurs outside the workplace, that speech satisfies the public concern test," the court found.

Judge Kim Wardlaw, dissenting from the three-judge panel, called the decision absurd, saying his actions were not free speech but conduct violations related to his job.


TOPICS: Hobbies; Miscellaneous; Society; Weird Stuff
KEYWORDS: 9thcircuit; shootingblanks; waxingthenightstick
Ahem.
1 posted on 01/29/2004 1:36:27 PM PST by martin_fierro
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Bad cop. No donut.
2 posted on 01/29/2004 1:39:11 PM PST by martin_fierro (Viking it. And liking it.)
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To: martin_fierro; MotleyGirl70
"Dial 9-1-1, Make a Cop Come"
3 posted on 01/29/2004 1:52:04 PM PST by Larry Lucido
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To: martin_fierro
hehehehe the justice system does work after all
4 posted on 01/29/2004 2:05:56 PM PST by cyborg
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To: martin_fierro
Walkin' the beat.
5 posted on 01/29/2004 2:07:28 PM PST by Tijeras_Slim (Come see the violence inherent in the system!)
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To: martin_fierro; Larry Lucido
"Haaaa Yeaaah, we're gonna need a 1094, I mean 942, on this one boys."


6 posted on 01/29/2004 2:07:39 PM PST by MotleyGirl70
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To: martin_fierro
His stage name is Adam 12".
7 posted on 01/29/2004 2:11:03 PM PST by Tijeras_Slim (Come see the violence inherent in the system!)
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To: martin_fierro
What a jerk....
8 posted on 01/29/2004 2:21:50 PM PST by JoJo Gunn (Help control the Leftist population - have them spayed or neutered. ©)
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To: MotleyGirl70
So was he practicing his choke holds?
9 posted on 01/29/2004 2:22:30 PM PST by Larry Lucido
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To: martin_fierro
Shiniest night stick on the force I bet.
10 posted on 01/29/2004 4:18:23 PM PST by socal_parrot (Now in the new Jumbo size!)
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To: martin_fierro
A San Diego policeman who sold videos of himself masturbating after removing a police uniform...

What the hey... After removing a police uniform?Couldn't it have been before putting on a police uniform?

11 posted on 01/29/2004 5:33:45 PM PST by luvbach1 (In the know on the border)
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To: martin_fierro
BAD MARTIN_FIERRO!!!!!

Shame on you for that sneaky link!!
12 posted on 01/30/2004 11:29:49 PM PST by trussell (Troll Hunter Extraordinaire)
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To: trussell
Whaaaat.....?

0:) <-- halo firmly in place
13 posted on 01/31/2004 2:55:58 AM PST by martin_fierro (Viking it. And liking it.)
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