Officer refused order to ‘push’ Christian evangelists off public college campus | January 28th, 2011
Armbruster v. Cavanaugh is an important case,” said ADF Senior Counsel Tom Marcelle. “A police officer takes an oath to uphold and defend the Constitution. If he has that obligation, he also has a right to refuse to uphold orders that cause him to violate the very Constitution he is sworn to defend.
“Whether you’re talking about the Nazis at Nuremberg or police officers at Kent State, courts have recognized in certain circumstances a police officer has a duty not to obey an unlawful or unconstitutional order. The difference is, at Kent State life was at issue. We argued that life is protected by the Constitution, but liberty is also. An order to deprive someone of liberty is no different from an order to take someone’s life,” he said.