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	<title>Comments on: Court of Appeals Upholds Termination of Police Officer Over Private Porn Site</title>
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	<link>http://jonathanturley.org/2008/02/06/court-of-appeals-upholds-termination-of-police-officer-over-private-porn-site/</link>
	<description>Res ipsa loquitur (&#34;The thing itself speaks&#34;)</description>
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		<title>By: 24/7 geopolitics</title>
		<link>http://jonathanturley.org/2008/02/06/court-of-appeals-upholds-termination-of-police-officer-over-private-porn-site/#comment-263420</link>
		<dc:creator><![CDATA[24/7 geopolitics]]></dc:creator>
		<pubDate>Tue, 30 Aug 2011 01:09:39 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1073#comment-263420</guid>
		<description><![CDATA[I like the valuable info you provide to your articles. I?ll bookmark your weblog and check once more right here frequently. I&#039;m slightly sure I?ll be told many new stuff right here! Good luck for the next!]]></description>
		<content:encoded><![CDATA[<p>I like the valuable info you provide to your articles. I?ll bookmark your weblog and check once more right here frequently. I&#8217;m slightly sure I?ll be told many new stuff right here! Good luck for the next!</p>
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		<title>By: Florida High School Teacher Fired Over Internet Pictures and Part-Time Work &#171; JONATHAN TURLEY</title>
		<link>http://jonathanturley.org/2008/02/06/court-of-appeals-upholds-termination-of-police-officer-over-private-porn-site/#comment-12654</link>
		<dc:creator><![CDATA[Florida High School Teacher Fired Over Internet Pictures and Part-Time Work &#171; JONATHAN TURLEY]]></dc:creator>
		<pubDate>Mon, 05 May 2008 01:13:52 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1073#comment-12654</guid>
		<description><![CDATA[[...] We have seen similar cases of terminations of police officers, click here and here [...]]]></description>
		<content:encoded><![CDATA[<p>[...] We have seen similar cases of terminations of police officers, click here and here [...]</p>
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		<title>By: Trooper Appeals Termination for Off Duty Political Activities &#171; JONATHAN TURLEY</title>
		<link>http://jonathanturley.org/2008/02/06/court-of-appeals-upholds-termination-of-police-officer-over-private-porn-site/#comment-10121</link>
		<dc:creator><![CDATA[Trooper Appeals Termination for Off Duty Political Activities &#171; JONATHAN TURLEY]]></dc:creator>
		<pubDate>Wed, 02 Apr 2008 04:15:00 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1073#comment-10121</guid>
		<description><![CDATA[[...] What makes this story particularly worrisome is the political character of the association. Yet, police departments are now targeting officers with lifestyles or beliefs deemed to be unacceptable, click here. [...]]]></description>
		<content:encoded><![CDATA[<p>[...] What makes this story particularly worrisome is the political character of the association. Yet, police departments are now targeting officers with lifestyles or beliefs deemed to be unacceptable, click here. [...]</p>
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		<title>By: Nebraska Police Officer Fired Over Assocation With KKK-Linked Group &#171; JONATHAN TURLEY</title>
		<link>http://jonathanturley.org/2008/02/06/court-of-appeals-upholds-termination-of-police-officer-over-private-porn-site/#comment-7677</link>
		<dc:creator><![CDATA[Nebraska Police Officer Fired Over Assocation With KKK-Linked Group &#171; JONATHAN TURLEY]]></dc:creator>
		<pubDate>Thu, 06 Mar 2008 10:48:37 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1073#comment-7677</guid>
		<description><![CDATA[[...] Notably, another police department recently fired an officer for his off-duty involvement in a porn site with his wife. The department prevailed. Click here [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Notably, another police department recently fired an officer for his off-duty involvement in a porn site with his wife. The department prevailed. Click here [...]</p>
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		<title>By: Susan</title>
		<link>http://jonathanturley.org/2008/02/06/court-of-appeals-upholds-termination-of-police-officer-over-private-porn-site/#comment-6382</link>
		<dc:creator><![CDATA[Susan]]></dc:creator>
		<pubDate>Thu, 07 Feb 2008 18:20:06 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1073#comment-6382</guid>
		<description><![CDATA[I agree with J.T. on this issue.  While many strongly object to pornography, I don&#039;t believe ADULT porn is illegal, just offensive to the majority.  And what about all those people who were accessing it in the first place?  I find it rather doubtful that NONE of them were police officers or firefighters themselves.  Looks to me that there&#039;s more than a little hypocrisy going on here.  I don&#039;t think Officer Dible should have been fired for that cause alone.  Just my take on the matter.]]></description>
		<content:encoded><![CDATA[<p>I agree with J.T. on this issue.  While many strongly object to pornography, I don&#8217;t believe ADULT porn is illegal, just offensive to the majority.  And what about all those people who were accessing it in the first place?  I find it rather doubtful that NONE of them were police officers or firefighters themselves.  Looks to me that there&#8217;s more than a little hypocrisy going on here.  I don&#8217;t think Officer Dible should have been fired for that cause alone.  Just my take on the matter.</p>
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		<title>By: Vincent Caminiti</title>
		<link>http://jonathanturley.org/2008/02/06/court-of-appeals-upholds-termination-of-police-officer-over-private-porn-site/#comment-6365</link>
		<dc:creator><![CDATA[Vincent Caminiti]]></dc:creator>
		<pubDate>Wed, 06 Feb 2008 20:33:30 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1073#comment-6365</guid>
		<description><![CDATA[I maintain, that the crux of this case is not centered in the fact that this is a life-style choice, I believe it is centered in the reality that Mr. and Mrs. Dible were involved in a concurrent business that could, even with the most liberal of viewpoints, endanger the safety of  Dible and other police officers.

The press jumped on it because it is most assuredly sensational.  But I don&#039;t think that the 9th Circuit was suggesting life-style policing.  Perhaps its wishful thinking - but the message seemed consistent and relevant to what a police officer does as an avocation.  There are numerous cases of Police officers and Firefighters (also working part-time as erotic dancers both male and female) that have received similar decisions upholding the Police and Fire Departments dismissals.  I am not familiar with any cases involving folks that practice &#039;swinging&#039; even though some identities have been breached from Internet posting.

PS: Hello Patty - shirt is collared though.  I will though update with an ascot soon ;-)]]></description>
		<content:encoded><![CDATA[<p>I maintain, that the crux of this case is not centered in the fact that this is a life-style choice, I believe it is centered in the reality that Mr. and Mrs. Dible were involved in a concurrent business that could, even with the most liberal of viewpoints, endanger the safety of  Dible and other police officers.</p>
<p>The press jumped on it because it is most assuredly sensational.  But I don&#8217;t think that the 9th Circuit was suggesting life-style policing.  Perhaps its wishful thinking &#8211; but the message seemed consistent and relevant to what a police officer does as an avocation.  There are numerous cases of Police officers and Firefighters (also working part-time as erotic dancers both male and female) that have received similar decisions upholding the Police and Fire Departments dismissals.  I am not familiar with any cases involving folks that practice &#8216;swinging&#8217; even though some identities have been breached from Internet posting.</p>
<p>PS: Hello Patty &#8211; shirt is collared though.  I will though update with an ascot soon <img src='http://s1.wp.com/wp-includes/images/smilies/icon_wink.gif' alt=';-)' class='wp-smiley' /> </p>
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		<title>By: Hamilton Fish</title>
		<link>http://jonathanturley.org/2008/02/06/court-of-appeals-upholds-termination-of-police-officer-over-private-porn-site/#comment-6361</link>
		<dc:creator><![CDATA[Hamilton Fish]]></dc:creator>
		<pubDate>Wed, 06 Feb 2008 19:44:48 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1073#comment-6361</guid>
		<description><![CDATA[Like JT alluded to, the court used some pretty broad language about the special reputation that police officers have in the community and how they ought to live up to that reputation in their personal behavior.  This made me think of my neighborhood back home, where we have our fair share of police officers and fire fighters who enjoy their fine spirits more than most others. 

Does this decision actually mean that some day in the near future I will be able to walk past a bar and NOT see the local sergeant stumbling out?  

On another note, isn&#039;t right that we require our civil servants to adhere to a certain level of conduct?  Aren&#039;t teachers as well respected as police officers in the community?]]></description>
		<content:encoded><![CDATA[<p>Like JT alluded to, the court used some pretty broad language about the special reputation that police officers have in the community and how they ought to live up to that reputation in their personal behavior.  This made me think of my neighborhood back home, where we have our fair share of police officers and fire fighters who enjoy their fine spirits more than most others. </p>
<p>Does this decision actually mean that some day in the near future I will be able to walk past a bar and NOT see the local sergeant stumbling out?  </p>
<p>On another note, isn&#8217;t right that we require our civil servants to adhere to a certain level of conduct?  Aren&#8217;t teachers as well respected as police officers in the community?</p>
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		<title>By: Patty C</title>
		<link>http://jonathanturley.org/2008/02/06/court-of-appeals-upholds-termination-of-police-officer-over-private-porn-site/#comment-6359</link>
		<dc:creator><![CDATA[Patty C]]></dc:creator>
		<pubDate>Wed, 06 Feb 2008 19:22:02 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1073#comment-6359</guid>
		<description><![CDATA[I can hear the puns, now, about the town of &#039;Chandelier&#039;...

p.s. Welcome back, Binx - after you &#039;101&#039;. Sporting no collar and no ascot, I see.]]></description>
		<content:encoded><![CDATA[<p>I can hear the puns, now, about the town of &#8216;Chandelier&#8217;&#8230;</p>
<p>p.s. Welcome back, Binx &#8211; after you &#8217;101&#8242;. Sporting no collar and no ascot, I see.</p>
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		<title>By: Vincent Caminiti</title>
		<link>http://jonathanturley.org/2008/02/06/court-of-appeals-upholds-termination-of-police-officer-over-private-porn-site/#comment-6357</link>
		<dc:creator><![CDATA[Vincent Caminiti]]></dc:creator>
		<pubDate>Wed, 06 Feb 2008 18:02:18 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1073#comment-6357</guid>
		<description><![CDATA[1.  &quot;He has a protected right to engage in such lifestyle choices so long as he is able to perform his duties as an officer.&quot;

2.  &quot;The Ninth Circuit opinion seems to be an invitation for departments to police the lifestyles of their officers. While it is certainly true that the Dible’s were very public in their activities, Ronald was only photographed once and did not tie his private activities to his public duties.&quot;

No doubt there is much to consider, theoretically, with regards to free speech, however, the premise of your statement in number one presumes &#039;life-style&#039; and had this actually been about &#039;life-style&#039; choices, I don&#039;t believe the Court would have ruled in the same manner.  This was about a business.  One can easily conflate the two issues, but it is my opinion that the decision may have been largely influenced in the fact that the Dible engaged in an avocation that may in fact, according to some of the testimony and reports, not only affected his ability to perform his duties, but also had unfortunate effects with regards to his fellow officers, including a female officer enduring taunts of Porn Whore at Police activity scenes.

In Hoboken, New Jersey, a number of years ago, there was a case of a police Lt. John Aiello.
  
http://www.edmecka.com/articles/591/1/Former-transsexual-cop-opens-up/Page1.html

He announced that when he returned from leave it would be as a woman.  There were no precedents and there was no lengthy legal entanglement.  This was purely about life-style choices and the final result was ... John Aiello returned to work as Janet Aiello.  Human resources noted the changes - special arrangements were made for the restroom .. and the City of Hoboken quietly and discretely handled the situation with Aiello and shut-out the wolverine Tabloids.  Hoboken is one square mile of City and they managed to work this out for one of their own.  Had he had a Website or was writing a book, a business of any sort, connected with his life-style choice, I cannot imagine it would have unfolded the same way.

There were choices here - for all parties.  The Police Department might have overreacted and forced a particular path because of their proximal morality, but the Dible also made a choice to turn his life-style into a business that could be construed as a direct conflict with the laws he was tasked to perform, or the safety of officers tasked to perform it with him.

It is though, fascinating to watch our society mature, notwithstanding the unfortunate effects it had on the Dibles&#039; life.]]></description>
		<content:encoded><![CDATA[<p>1.  &#8220;He has a protected right to engage in such lifestyle choices so long as he is able to perform his duties as an officer.&#8221;</p>
<p>2.  &#8220;The Ninth Circuit opinion seems to be an invitation for departments to police the lifestyles of their officers. While it is certainly true that the Dible’s were very public in their activities, Ronald was only photographed once and did not tie his private activities to his public duties.&#8221;</p>
<p>No doubt there is much to consider, theoretically, with regards to free speech, however, the premise of your statement in number one presumes &#8216;life-style&#8217; and had this actually been about &#8216;life-style&#8217; choices, I don&#8217;t believe the Court would have ruled in the same manner.  This was about a business.  One can easily conflate the two issues, but it is my opinion that the decision may have been largely influenced in the fact that the Dible engaged in an avocation that may in fact, according to some of the testimony and reports, not only affected his ability to perform his duties, but also had unfortunate effects with regards to his fellow officers, including a female officer enduring taunts of Porn Whore at Police activity scenes.</p>
<p>In Hoboken, New Jersey, a number of years ago, there was a case of a police Lt. John Aiello.</p>
<p><a href="http://www.edmecka.com/articles/591/1/Former-transsexual-cop-opens-up/Page1.html" rel="nofollow">http://www.edmecka.com/articles/591/1/Former-transsexual-cop-opens-up/Page1.html</a></p>
<p>He announced that when he returned from leave it would be as a woman.  There were no precedents and there was no lengthy legal entanglement.  This was purely about life-style choices and the final result was &#8230; John Aiello returned to work as Janet Aiello.  Human resources noted the changes &#8211; special arrangements were made for the restroom .. and the City of Hoboken quietly and discretely handled the situation with Aiello and shut-out the wolverine Tabloids.  Hoboken is one square mile of City and they managed to work this out for one of their own.  Had he had a Website or was writing a book, a business of any sort, connected with his life-style choice, I cannot imagine it would have unfolded the same way.</p>
<p>There were choices here &#8211; for all parties.  The Police Department might have overreacted and forced a particular path because of their proximal morality, but the Dible also made a choice to turn his life-style into a business that could be construed as a direct conflict with the laws he was tasked to perform, or the safety of officers tasked to perform it with him.</p>
<p>It is though, fascinating to watch our society mature, notwithstanding the unfortunate effects it had on the Dibles&#8217; life.</p>
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		<title>By: Hugh Gilpatric</title>
		<link>http://jonathanturley.org/2008/02/06/court-of-appeals-upholds-termination-of-police-officer-over-private-porn-site/#comment-6354</link>
		<dc:creator><![CDATA[Hugh Gilpatric]]></dc:creator>
		<pubDate>Wed, 06 Feb 2008 16:26:25 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1073#comment-6354</guid>
		<description><![CDATA[&quot;One wonders which city official was roaming those areas of the Net to find the Dible’s website in the first place and how many times and by how many Chandler officials it was viewed to be absolutely certain it sufficiently offended them to warrant the firing.&quot;

Too right.

I&#039;m shocked! Shocked that there is gambling going on in here!]]></description>
		<content:encoded><![CDATA[<p>&#8220;One wonders which city official was roaming those areas of the Net to find the Dible’s website in the first place and how many times and by how many Chandler officials it was viewed to be absolutely certain it sufficiently offended them to warrant the firing.&#8221;</p>
<p>Too right.</p>
<p>I&#8217;m shocked! Shocked that there is gambling going on in here!</p>
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		<title>By: rcampbell</title>
		<link>http://jonathanturley.org/2008/02/06/court-of-appeals-upholds-termination-of-police-officer-over-private-porn-site/#comment-6350</link>
		<dc:creator><![CDATA[rcampbell]]></dc:creator>
		<pubDate>Wed, 06 Feb 2008 13:19:41 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/?p=1073#comment-6350</guid>
		<description><![CDATA[For the record, I live in Mesa, AZ which abuts Chandler to the south.  This is pretty conservative territory even for AZ.  That the City of Chandler would put their collective moral indignation and high-minded outrage above and before Officer Dible&#039;s rights as an American and ignore the laws is, well, the conservative way.  

It doesn&#039;t appear that Mr. and Ms. Dible broke any city, state, county or federal laws.  Nor have I read anything about his having signed a work contract that contained a &quot;moral turpitude&quot; clause.  

One wonders which city official was roaming those areas of the Net to find the Dible&#039;s website in the first place and how many times and by how many Chandler officials it was viewed to be absolutely certain it sufficiently offended them to warrant the firing.]]></description>
		<content:encoded><![CDATA[<p>For the record, I live in Mesa, AZ which abuts Chandler to the south.  This is pretty conservative territory even for AZ.  That the City of Chandler would put their collective moral indignation and high-minded outrage above and before Officer Dible&#8217;s rights as an American and ignore the laws is, well, the conservative way.  </p>
<p>It doesn&#8217;t appear that Mr. and Ms. Dible broke any city, state, county or federal laws.  Nor have I read anything about his having signed a work contract that contained a &#8220;moral turpitude&#8221; clause.  </p>
<p>One wonders which city official was roaming those areas of the Net to find the Dible&#8217;s website in the first place and how many times and by how many Chandler officials it was viewed to be absolutely certain it sufficiently offended them to warrant the firing.</p>
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