Lawyers’ Committee for Civil Rights Under Law sent a letter on Monday to the Wilmington, N.C. Civil Service Commission in North Carolina, concerning former Officer James B. Gilmore, whose employment was terminated after being captured on video making racist remarks about Black residents of Wilmington, their supporters and a fellow Black officer. Officer Gilmore has filed an appeal with the Civil Service Commission seeking reversal of his termination. The Lawyers’ Committee’s letter offers insight into the limits of First Amendment protections for police officers who engage in hateful and racist activity that undermines the ability of the department to serve the community.
“Reinstating former Officer Gilmore, after his racist comments would be beyond the pale,” said Arusha Gordon, associate director for the James Byrd Jr. Center to Stop Hate, at the Lawyers’ Committee for Civil Rights Under Law. “The three officers’ swift termination was the first step to rectifying the police culture of discrimination and offensive behavior. Legal precedent has established that a police department may take action when an officer’s speech – like the racist conversation caught on tape here – risks interfering with their ability to serve and protect the community.”
Police departments across the country are now faced with the challenge of
responding to the national debate over racially biased policing and police
mistreatment of Black people, along with calls for greater accountability in
law enforcement. Some departments have responded by demonstrating their
intolerance for offensive sentiment espoused by their officers.
Reinstating former
Officer Gilmore could undermine the public trust in the Wilmington police
department and further strain its relationship with the community that its
officers have sworn to protect and serve, the letter argues. Moreover, the
commission is under no legal obligation to protect the racist hate speech in
which Officer Gilmore engaged.
Read the letter here.
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About the Lawyers’ Committee for Civil Rights Under Law – The Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee), a nonpartisan, nonprofit organization, was formed in 1963 at the request of President John F. Kennedy to involve the private bar in providing legal services to address racial discrimination. The principal mission of the Lawyers’ Committee for Civil Rights Under Law is to secure, through the rule of law, equal justice for all, particularly in the areas of voting rights, criminal justice, fair housing and community development, economic justice, educational opportunities, and hate crimes. For more information, please visit https://lawyerscommittee.org.
