Police Officers are Held to a Higher Standard And that’s why we consider them heroes

A recent controversy over a police officer posting anti-Muslim comments on social media, and the ensuing discussion in my community, have led me to record some thoughts on the issue of police officers and free speech. The First Amendment to the U.S. Constitution states that:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or 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.

Police officers take an oath to uphold the Constitution of the United States. Within the constraints of the law, they have the power to take people’s freedom, and in extreme cases they have the power to use deadly force against a person. Because of the trust we place in them with those powers, they are also held to a higher standard than the average citizen in many aspects of their conduct. This standard includes not making comments that suggest bias against constitutionally protected classes of people. Some might ask about the police officer’s First Amendment rights. Does the First Amendment protect an officer’s right as an employee to say whatever they want? Numerous court cases have found that a person’s rights as an employee of the government and their rights as a citizen are not identical. The employment relationship, entered into voluntarily by the police officer, places a higher standard upon the officer for regulating his or her speech. Speech that exhibits or suggests bias makes it more difficult for a police department to build trusting relationships in the community, and puts fellow officers at greater risk of dangerous interactions with individuals who believe officers’ actions are motivated by bias. I care deeply about the well-being of law enforcement officers. Nearly 80 of them work for me. I have friends in other jurisdictions that are officers. As a society we should consider them heroes, because of the higher standards to which they are held, and to which they voluntarily hold themselves. They are held to a higher standard of patience, as they deal with people in difficult situations that do not always recognize officers as the helpers they truly are. They are held to a higher standard of bravery, as they are expected to enter into life threatening circumstances in order to protect others. They are held to a higher standard of sacrifice, as they work odd or long hours that cause them to miss important family events. Sadly, they too often make the ultimate sacrifice of their own lives in order to protect others, and their families live in constant fear of that possibility. They are held to a higher standard of virtue, so that when an officer shows up in some difficult moment of our life, we can know that they are worthy of our trust. So yes, police officers are held to a higher standard than the average citizen, even in their speech on social media. And because they are held to, and hold themselves to, that higher standard, the rest of us hold them up as heroes.