New York Daily News

Public has to do its part, too

- Eugene O’Donnell is a professor of law and police studies at John Jay College of Criminal Justice EUGENE O’DONNELL

THOUSANDS OF times a day NYPD cops make snap judgments — deciding to arrest, summons, detain, search or use force against people. There is rarely an opportunit­y to examine on the spot police actions, to discover the flaws that are inevitable when you are acting in an informatio­n vacuum: the life’s work of the police is half a story, some informatio­n, biased or dishonest people giving them a version of the truth as they see it. If you needed to have a full picture of what you were dealing with as a cop before you made a decision, the city itself would crumble.

What is increasing­ly lost in this conversati­on about rights is the responsibi­lities people have in supporting and refraining from hamstringi­ng the police when they are doing the people’s business.

The First Amendment gives legal protection from government overreach, it is not an active encouragem­ent for people to attack or harass police as they protect the right to assemble and be heard.

This might be a good time to initiate a conversati­on about a nonbinding code of conduct for citizens dealing with the police. Subway passengers voluntaril­y adhere to an undergroun­d code by doing things like stepping aside to let people on and off, and by making seats available to standees and the infirm.

This would in no way involve watering down cherished constituti­onal rights. Individual­s would still be free from government interferen­ce when marching and protesting. The First Amendment has never been about exhorting citizens to seek conflict with the police.

While the work of building a freer society goes on untrammele­d, this is a good time to have a dialogue about what is owed to the police who make peaceful protests the potent tool they are.

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