The subject lines on friends’ email forwards of the original Bay Area News Group article about PoliceChiefGate told the story. “OMG!” “Unbelievable!” and more. And who could argue with their reaction? Everyone in Berkeley and beyond, it seemed, even people who have never agreed on anything else before, agreed on this one:. “How could he? What could he have been thinking?”
And so did I. I’ve been a First Amendment absolutist for all of my adult life. I joined the ACLU before I was old enough to vote. I’ve many times quoted Supreme Court Justice Hugo Black on the constitutional ban on abridging freedom of speech: “When it says ‘no law’ it means NO LAW!”
After working for a number of years as a political agitator for civil rights and in the anti-war movement, I took up journalism. These experiences fueled my outrage at the report of the Berkeley Police Chief’s midnight messenger sent to press a reporter to correct an online story. I imagined myself hearing that ominous knock, reliving that fearsome confrontation with an armed officer on my doorstep.
There’s no question in my mind that what used to be called The Standard Liberal Position is that this should never have happened. We all have the right to be safe and secure in our homes, don’t we? And we shouldn’t have to be afraid when someone comes knocking after midnight, especially the police. I absolutely agree—or at least I do when I’m wearing my journalist’s hat.
But when the Berkeley Police Officers’ Association issued their first statement criticizing Meehan, I started to wonder. The BPOA is technically not a union, since they can’t strike under the law—but it’s a professional association which does collective bargaining on behalf of its members . And as luck would have it, collective bargaining is underway right now—and Chief Meehan is the boss with whom they’re negotiating. It occurred to me that there might be more than one reason the Association is looking askance at him.
When Berkeley attorney Jim Chanin, a veteran ACLU officer, a former chair of Berkeley’s Police Review Commission and a litigator who has brought and won many police misconduct lawsuits in many jurisdictions in his 40 year career, was quoted in the Chronicle as thinking that Meehan showed “a serious lapse in judgment”, but should not have to resign, I wondered more. So I called Jim to get his take at first hand.
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