Right and Know it, versus Dead Right
I’ve been riding my recliner recovering from a respiratory illness the last few days. This has been like the worst and best situations. It’s been the best because I’ve had the opportunity to relax and physically recover. It’s been the worst because I don’t feel like doing all the things I love to do with people I love to be with and can’t.
Today, I explored videos of people who call themselves First Amendment Auditors (FAA). For the life of me, I can’t figure out how these people make money on making these videos but they must.
Before I start, I am not a legal expert so my interpretation is based on what I’ve seen and not the law. Anyway, these FAA stand in front of say a police station (or post office or dress store or bank) and take videos of the building, customers (or officers), parking lot, cars, etc. At least for the videos that get published, usually someone gets concerned or upset that they are being video taped and calls the police. The police arrive to investigate, and here is where the auditing comes from, the police are tested to see if they understand the laws well enough not to impede the video takers 1st Amendment rights.
I would say in about 75% of the videos, one or more officers will demand to see ID (without any suspicion of a crime having been committed which is a violation of a person’s 4th amendment rights) or they demand the person leave (which if they are on a public sidewalk, they can’t do either). In other words, the police don’t legally enforce the laws. In most of these situations, a supervisor is requested and the officers are corrected near the end of the video.
Some of the FAA, in my assessment, are genuinely trying to be respectful and educate officers of the fine points of this issue. Unfortunately, some of the FAA are trying to poke the bear trying to get the officer mad and overreact. In fact, I’d guess a minority are trying to provoke an illegal arrest to sue the police department. Such is the state of our world.
This reminded me of my high school driver’s ed class. We were going over yield sign right of way. The scenario was two cars coming to an yield intersection simultaneously to determine who had the right of way. I never had a problem remembering the right of way hierarchy. I must have answered the question without any reservation because the teacher asked me what would happen if the other driver didn’t have the same understanding of the situation that I did?
The quote he made, which I’ve remembered for just under 50 years, was that it was “better to be right and know it than dead right”. In other words, even if you think you absolutely have the right away, it is worth the instant of hesitation to make sure the other driver understands the situation that same way. Several times, I’ve approached an intersection where I felt I had the right away only to see the other driver take off for whatever reason.
“Teacher, Moses wrote for us that if a man’s brother dies and leaves a wife, but leaves no child, the man must take the widow and raise up offspring for his brother. There were seven brothers; the first took a wife, and when he died left no offspring. And the second took her, and died, leaving no offspring. And the third likewise. And the seven left no offspring. Last of all the woman also died. In the resurrection, when they rise again, whose wife will she be? For the seven had her as wife.” Jesus said to them, “Is this not the reason you are wrong, because you know neither the Scriptures nor the power of God? For when they rise from the dead, they neither marry nor are given in marriage, but are like angels in heaven. And as for the dead being raised, have you not read in the book of Moses, in the passage about the bush, how God spoke to him, saying, ‘I am the God of Abraham, and the God of Isaac, and the God of Jacob’? He is not God of the dead, but of the living. You are quite wrong.” - Mark 12:19-27 ESV
Just like the FAA, the intent of why you are doing something is at least as important as the legality of the act. In my yield situation, I’m far better off letting the other driver take advantage of the situation (actual or unintentional) rather than deal with the consequences otherwise.
One last comment. I have the utmost respect for Police Officers. They have a very difficult job. When a police officer walks up to a car, they likely have no idea what they’ll encounter. It could be a very dangerous situation. In fact, the burden of acting in an error free manner is definitely a bigger bar for them. I try to remind myself of this with each interaction and act in a respectful manner. I hope you do too.
