Florida Tasers Away Student Rights

I suspect many of you have seen this by now, but take a look at this University of Florida student who was manhandled and tasered by university police for taking too much time asking a question at a John Kerry speech. (Warning: The clip can be pretty disturbing.)

I only found out about it moments ago through a call from a reporter asking if this was a violation of the student's free speech rights. In the strictest, most technical, and most lawyerly sense (read: nerdy and detached), the answer is "not exactly." Campus police and administrators can remove audience members who refuse to abide by reasonable rules, like time limitations on questions. But the problem here is obvious: the university police's response was totally out of proportion and brutal. And, of course, common sense (which too often differs from legal sense) will tell you that the threat of being tasered if you talk too much could certainly have a chilling affect on speech! Good lord. Half the people I knew in college would have been tasered routinely if this was response was considered acceptable back then.

It's good that students were able to get this on tape. Such unreasonable and excessive force might be hard for some to believe unless they saw it with their own eyes. The university needs to investigate the university police's handling of this case, and the student needs to talk to a lawyer ASAP. FIRE would be happy to help find him one.

Comments

[pravin]

Students these days have become wusses. This happened in UCLA. After a few mild protests, nothing came of that. Students are still getting tasered - this time in a different university.

Cops are supposed to use tasers when they fear for thier safety, not to make it convenient for them to haul away some guy who is exhibiting some form of civil disobedience(even if it is for a trivial cause).

[jeff]

Ya he should be free to do whatever he wants, the police should have to adjust to his disobedience.
you know power to the people .

one more of these stunts and he might get to wear one of those pink shirts like cindy sheehan

[JimHinCO]

"Voice or no voice, the people can always be brought to do the bidding of the leaders. All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same way in any country."

- Hermann Goering, April 18, 1946 Commander-in-Chief of the Luftwaffe, President of the Reichstag, Prime Minister of Prussia, and Hitler's designated successor.

[Aries198]

Imagine what fun the Presidential debates would be if candidates were tasered when they didn't give up the podium when time ran out!

The situation points to excesses on both sides -- and not only in this video. The kid was obnoxious and out-of-control and the security officers over reacted.

This happens daily, whether in a college auditorium or on the freeway with road rage.

What we really need to do is to respect each other, listen to each other, respond appropriately and act like mature adults. However, maturity seems a very obscure nowadays, no matter what one's political or social leanings.

[gillespie]

Bravo and ditto.

[ChicaOfLight78]

fundementally true. Now going over you're alloted time and demanding your question be answered is a punishable offense where being tasered is warranted! This kid wasn't a threat to anybody--just an annoyance! What's wrong with you people here? Now if we don't like somebody and they get tasered it's justified? Don't you see the wrong here?

The student--mind you, it's a university where lively debate will happen anyway!--was treated like a rabid dog that needed to be put down. When was he violent? When was he a threat to anybody in that building? By gosh, by the way the police treated him you'd think he was an inmate at a Federal Correction Facility--not a University student! By the way, Bouncers at a bar expel a disruptive patron with much more class thatn was demonstrated by these force-loving police.

Now that I've voiced an opinion against Authority, where should I go to get my much needed beating?

[anrup]

I am shocked at the reaction here. People piling on this poor kid should be ashamed of themselves. Get a hold on yourselves guys. This is not a fascist state this is america, where free speech is protected and going over a minute should not get you tasered.

[V4Vigilance]

WARNING: Even in America, violently resisting police attempts to eject you from a public event you are disrupting may result in tasing.

[ChicaOfLight78]

Violently resisting? I didn't see the kid bashing the heads and biting the ankles of the police. At best he was resisting arrest then asking "Why am I being arrested?"

You're word choice is dishonest.

As has already been stated by the University spokesman, the police can only use the taser when they feel bodily injury to them or others will occurr. This was an obvious power trip by the police!

[PeteBogs]

"He is also warned that he will be tasered if he does not comply. Eventually he is tasered twice."

so you believe in the logic that if you tell someone you're going to do something before you do it, that makes it ok?

[V4Vigilance]

No, but I believe that if I'm struggling with the police and they tell me to do something or don't do something or I'll be tased, I really shouldn't be surprised when I get tased if I refuse to comply.

[fgr1111]

It's amazing!
Americans- Right WWWWWING or LEFT are gradually succumbing to a police state without even acknowledging it. THAT is the genius of Fascism.
The circumstances of the video are irrelevant. Freedom of Speech IS a "Constitutional" right.Innocent until tasered guilty...
We hear more bullcrap from just about every other “elected official” including lying us into wars, etc… and they never get tased.
Americans! You’re doomed. Bow down to the fourth Reich.

[anrup]

Excellent one fgr1111. We need to uphold the great american constitution not tenets of nazi germany

[V4Vigilance]

Thanks for the input Chicken Little.

There are plenty reasons to be concerned about the rise of fascism in America but pointing to this as one of them does little for the credibility of those raising those concerns.

p.s. for anrup: neither does constantly and cavalierly tossing out arguments that equate the U.S. with Nazi Germany.

[1will]

Was he really tasered or did the cops just use the test button on the taser? The test button gives you a scary spark and crackling noise. This is usually enough to make some idiot behave without actually having to shock them.

I've never been tasered but I have a couple of friends that were cops. From their descriptions of being tasered during the academy I have to wonder if it's really possible to scream, "Help, they're tasering me" in a little girl voice while it's going on. My understanding of the process is the shock pretty much puts you on your butt for a few minutes.

[gillespie]

Its hard to decide who is more histrionic, this brat of a kid, or those here who defend his spoiled tirade. I am a Democrat and all of this screeching that the sky is falling and that our rights are in peril are making my chosen party look foolish. Grow up and stop it with the stupiod tantrums.

[Danothemoderateguy]

Being Tasered is nothing. Wait until they get their crowd control microwave beam weapon. Sounds like B.S.? It's not.

[barriosbabe]

This is clearly excessive force no matter how nutty or manipulative the speaker was. He was no physical threat to them. What has happened to cop good sense that 5-6 of them can't escort a non-violent loud mouth out of a room? Instead he is pushed to the ground, controlled, and then electrocuted. We live in terrible times.

[timeforachangenow]

OK...so let me get this straight....

in our institutions for higher learning there is now a defacto policy of silencing the more EXTREME responding students.....so that we can have a cool calm discussion of the merits of living in a PROPER democracy...that was founded on the liberty to be able to voice your opinion in a PUBLIC forum...which this OBVIOUSLY was...

Whats next...the thought police???

Is it TIMEFORACHANGE yet???

[Ben Dixon]

In a democracy every one has a say, in a moborcracy a small number of voices shout down the others. You would do well to know the differance and figure out which category this young man falls in to.

[anrup]

The nut cases here who are not kind to this kid are inhuman morons who might belong to some fascist groups. To all of you idiots: this is not nazi germany, this is america, where free speech is valued. One goes over time does not mean one should get tasered.
All of you who are piling on this kid must be ashamed of yourselves and your sorry little lives.

[V4Vigilance]

Wow! It certainly didn't take long for Godwin's Law (Google it) to kick in on this one.

I agree with shelbinator that the grossly inaccurate implication that this guy was tasered for "going over time" is something I'd expect from Faux News or Rush. He was tasered during the course of a protracted violent confrontation with police, a confrontation that he could have avoided/ended LONG before he was tasered, but HE CHOSE NOT TOO.

He should thank his lucky stars that this didn't happen 30 years ago when the accepted (not necessarily right/moral) response would have been to beat the living crap out of him with a nightstick or flashlight.

[MaciasJ]

I had to wiki Godwin's Law...

there is an interesting qualifier...

"However, Godwin's Law itself can be abused, as a distraction or diversion, that fallaciously miscasts an opponent's argument as hyperbole, especially if the comparisons made by the argument are actually appropriate. A 2005 Reason magazine article argued that Godwin's Law is often misused to ridicule even valid comparisons."

[getalife80]

I doubt he is a kid, he is probably a plant(non-vegetable. He spoke plenty, then acted like an a$$.

[SteveStephens]

That's Florida for you.
IMPEACH BUSH NOW!

[Ben Dixon]

This young man just learned an importnat lesson, that in life actions have consquences. He knew the set rules of the forum and broke them by rambling on and on, even after being asked to stop. Then when asked to leave he made a big scene of it, drawing attention to himself and diminishing the ability for every one else to enjoy talk to Kerry. Was the use of a taser a little extreme, maybe, but better that than billy clubs or guns.

[JimHinCO]

I seem to remember blacks marching for equality that broke numerous laws. But it didn't make them wrong. I remember women doing the same thing. Anytime power is challenged, folks see it as rebellion.

"A little bit of wrong" on both sides is still wrong. If violence is the only way to subdue the public who are being peaceful, what are we teaching our college students?

[getalife80]

He was not being peaceful!

[richw23]

Comparison with blacks marching for equality and the women's movement is ridiculous and insulting.

This guy got pissy about being cut off and then didn't want to leave. His actions had nothing to do with civil disobedience. I'm sure he'll get his 15 minutes of fame.

[apduncan1]

Does that argument apply to George Bush also?

[Vic in Chicago]

A spokesman for the Univ. of Florida PD said there will be an investigation to determine if the officers on the scene acted appropriately when they tasered this guy. He then went on to say that the ONLY acceptable use of a taser is if the officers felt themselves (or others) were in immediate physical danger.

The video clearly shows that at the time of the tasering, five police officers had wrestled this struggling student toward the back of the auditorium. They then wrestled him to the ground, turned him over onto his stomach so he was face down, and handcuffed him. (During this time period, the student is heard to clearly say "just let me up and I'll leave"). One of the officers had his knee in the student's back holding him down.

ONLY THEN, with the student lying on his stomach, hands handcuffed behind his back, with an officers' knee in his back, did they taser him, and they did it multiple times, to the shock and screaming protests of nearby students, who saw clearly what happened (and moments before had been actually cheering the police.)

Watching the video, the police CLEARLY violated their department taser policies with such a gross, brutal, overreaction.

So let's see where the chips fall now.

Fortunately, it's all on videotape.