Now let me begin by saying that I find Trooper Robert Henderson's beliefs and associations to be reprehensible -- but I also find them to be First Amendment protected. And furthermore, I find the attempt to fire him more offensive than his membership in these groups. Fortunately, an arbiter agreed with my position, although the state of Nebraska intends to seek to have a court overturn that ruling.

Robert Henderson was not fired as a state trooper because he belonged to the Ku Klux Klan and another white supremacist group, authorities said. Instead, he was ousted because he could not uphold public trust while participating in such groups, they said.

An arbitrator disagreed, ordering the State Patrol to reinstate Henderson within 60 days and pay him back wages. The state went to court Friday to keep him off the force.

"The integrity of Nebraska's law enforcement is at risk," Attorney General Jon Bruning said at news conference in Lincoln. "The Constitution does not require law enforcement to employ anyone tied to the KKK."

In a summary of the causes for firing Henderson in March, the State Patrol said membership in the KKK "seriously compromised" Henderson's ability to do his job.

Henderson and the state troopers union appealed and, under its contract, went to binding arbitration, to get his job back.

Arbitrator Paul J. Caffera, a New York lawyer, last week overturned the firing.

Heck -- imagine that the state tried that with someone who joined the Nation of Islam, a notoriously racist group. Or for that matter, a Muslim convert -- after all, how much of the public really trusts Muslims since 9/11, especially given the continued terrorism of the last five years (or, for that matter, the preceeding few decades). Or maybe some Hispanic guy associated with MEChA -- which has as its motto "For Our Race, everything. For Those Outside Our Race, nothing" (Por La Raza todo. Fuera de La Raza nada). Would firing a Communist be acceptable? There would be lawsuits galore regarding First Amendment violations and accusations of racism and religious discrimination. Either all members of the law enforcement community retain their First Amendment rights, or none do.

By the way -- is Robert Byrd still in the US Senate?

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