Cambridge Police's need to maintain public trust outweighed cop's right to post that George Floyd was 'a career criminal, a thief and druggie,' judge rules

Cambridge Day reports a federal judge this week dismissed a lawsuit by a Cambridge cop who was disciplined for a Facebook post he made while off duty in which he made disparaging remarks about George Floyd in 2021.

In her ruling, US District Court Judge Angel Kelley acknowledged that Sgt. Brian Hussey has a First Amendment right to speak his mind, that:

Discouraging Hussey and other officers from participating as citizens in discussions about public safety, police brutality, and racial profiling would deprive the public of a valuable viewpoint.

But, she continued,

Here, the Court is persuaded that the Defendants' strong interest in maintaining public trust outweighs the interest Hussey had in making his Facebook post. The timing here is a crucial factor - Hussey's statements came mere months after Floyd's killing galvanized public criticism of policing and racial disparities, including in the City of Cambridge and the greater Boston area. The vast majority of protests were peaceful, yet departments across the country met many of those same protests with tear gas, arrests, flash grenades, and more - sometimes with fatal consequences for demonstrators. Some of the protests turned violent and the ensuing riots set ablaze local businesses, restaurants, news buildings, and even a police department building. A number of police officers sustained injuries during such incidents. In the weeks that followed, as the names of more Black persons, like Breonna Taylor, became synonymous with police brutality and impunity, it poured fuel on the collective fury against police departments and ignited new rounds of protests. These demonstrations were often accompanied by calls to reform, defund, and even abolish police departments. It is thus understandable that in the months that followed, the Cambridge's Police Department's sensitivity to public perception was heightened, especially regarding discussions related to victims of police violence.

The effectiveness of the Cambridge Police Department, and any police department, depends on the maintenance of public trust. Acting in a biased manner, or creating a perception thereof, undermines that trust. ... The centrality of trust is highlighted by the Cambridge Police Department’s Mission Statement, which describes the Department's mission as partnering "with the community to solve problems and improve public safety in a manner that is fair, impartial, transparent, and consistent."

Hussey also argued his post did not undermine public trust in the Cambridge PD because only his Facebook friends can see his page and he removed the post in question a couple hours later. Kelley, however, noted that in the time it was up, somebody took a screenshot and then forwarded it to the local NAACP chapter, which then contacted Police Chief Branville Bard. She wrote:

Bard was not obligated to wait until the issue developed into a broader controversy, particularly given his concerns about the backlash the Facebook post could generate and his assessment that its characterization of George Floyd undermined the Department’s goals [of maintaining public trust].

And so:

Ensuring the free participation of the people in discussions of public affairs is of paramount importance - including for individuals who are employed by the public. The Court recognizes a limited exception to that principle here because the Defendants' disciplinary actions were reasonably calculated to prevent disruption to the Cambridge Police Department, via a further breakdown of trust from community members, that Plaintiff's comments could have caused.