Porn Cop's Firing Upheld

The San Francisco Chronicle reports:

A police department had the right to fire an officer for operating a Web site that featured sexually explicit photos and videos of his wife, a federal appeals court ruled Wednesday.

Although Ronald Dible's conduct may have been unrelated to his job as a police officer in Chandler, Ariz., his actions hurt the department in the eyes of the public and were not protected by freedom of speech, said the Ninth U.S. Circuit Court of Appeals in San Francisco.

"His activities were simply vulgar and indecent," said Judge Ferdinand Fernandez. "They did not contribute speech on a matter of public concern."

But one member of the three-judge panel said the court's rationale might apply equally to an off-duty officer who angered some members of the public by marching in a gay pride parade.

Dible and his wife, Megan, started the Web site in September 2000 and charged users a fee for watching nude videos. The department did not learn about the site until January 2002 and questioned Ronald Dible, who initially denied he had anything to do with the site, the court said.

After the media reported on the site, several officers testified at Dible's disciplinary hearing that people had made fun of them. A police officer said that when she went to a bar to break up a fight, a patron told her to take off her clothes. Another officer said potential recruits had raised the subject with her, and an assistant chief said he believed the department's ability to recruit female police officers would be hurt for years.

An interesting legal case here.