Former NYC Mayor had to testify in a New York trial today--of a former police officer and two former firefighters suing the City for their improper dismissal after wearing blackface during a Labor Day float and mocking the death of an African-American man in Texas. The issue is whether city employees, including police officers, are entitled, under the First Amendment, to participate in a "spoof of a racist murder, grossly insulting an entire race of people," and later contend "it was all meant in good fun and as fine entertainment."

"At the time, Mr. Giuliani called the float "a disgusting display of racism," and said that if the men were caught, they were "going to be fired immediately." But Guliani did not have the right to fire the men. Police and Fire Commissioners alone have that authority--after due process (i.e., notice and an opportunity to be heard.)

"The New York Civil Liberties Union, which is representing the former police officer, argued that government cannot retaliate for the content of speech. He also charged that Mr. Giuliani acted in self-defense, to rebut charges that he was racially insensitive, especially in regard to the Police Department's handling of the so-called Million Youth March in Harlem just a few days before the float rolled through Broad Channel, Queens."

The presiding jurist, U.S. District Court Judge John E. Sprizzo did not care for Guliani's testimony, and at one poin,"got rather animated."

"They do work for you, they serve at your pleasure, don't they?" he asked. "Knowing how you felt, did you really expect them to disagee with you?"

Yes, Mr. Giuliani said."

"Really?" asked the judge. "You are the boss."

"Mr. Giuliani: "But I wasn't the boss of the disciplinary process."

"The judge: "If that were truly your state of mind, the statements you made were really most improper."

"Mr. Giuliani: "I have a right to my opinion."

"At which point Judge Sprizzo invoked 12th-century England, when Henry II famously flew into a rage and said "Who will rid me of this meddlesome priest?," in effect directing his followers to murder Thomas à Becket, the archbishop of Canterbury. Which they did."

At one point, "Judge Sprizzo said flat out that the mayor's strong condemnation of the three men "was designed for public consumption."

Guliani kept his cool during his three hour stint on the witness stand, "perhaps mindful of his national reputation." The trial is ongoing.