Nebraska Tries to Remove Racist Trooper
The intersection between freedom of association and government employment can be tricky to navigate. A teacher can’t be fired for exercising her right to support the NAACP, but what if the teacher joins a cult that advocates the sexual enslavement of children? The Constitution protects the right to associate with others for the “vigorous advocacy” of “lawful ends” (NAACP v. Button), but it doesn’t protect membership in a criminal conspiracy.
Standing between these extremes is Robert Henderson, who lost his job as a state trooper when the State of Nebraska discovered his membership in a white supremacist organization: the Knight’s Party, an offshoot of the KKK.
The Web site's sponsor, the Knights Party of Harrison, Ark., is run by Thomas Robb. [Arbitrator] Caffera described the Knights Party as an attempt to "cloak the 'friendlier face' of the Knights Party from its ultimate corporate parent, Robb's faction of the KKK."
This “friendlier” version of the KKK may or may not advocate unlawful behavior, but white supremacy presupposes the suppression of equal rights for nonwhites. Since police officers are sworn to uphold the law (including the Constitution), it’s easy to understand Nebraska’s concern that Henderson’s interest in subverting civil rights renders him unfit for his job.
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