No Misdemeanor, Just Angry Bluster Don’T Prosecute Heated Words Are Part Of Freedom, Democracy.

When a 12-year-old mouths off at school, he gets hauled to the principal’s office and disciplined.

When adults mouth off to one another, they apologize and get on with life. This especially is true in politics, where conflict is both heartfelt and important, and where successful players must find a way to work together tomorrow, in spite of today’s fierce words.

In neither case - not the school, not the political argument - is verbal abuse a crime.

That is as it should be. With very, very few exceptions - identifying them requires common sense - harsh words cannot be treated as a crime in a free society. If police begin to inspect politicians’ metaphors and criminalize their tirades, they invade a central process of democracy and open the door to selective enforcement and abuse.

Throwing common sense to the wind, the city prosecuting attorney in Olympia has charged Sen. Jim West, R-Spokane, with a misdemeanor for leaving some angry words on the office answering machine of a lobbyist. In the final days of the legislative session, when tempers are frayed and pressures are at their peak, West picked up his phone and barked: “McCabe, you son of a bitch, you’d better get me, ‘cause if you don’t, you’re dead.”

These men know one another. Chair of the Ways and Means Committee, West is among the Legislature’s most influential members. He’s tough and passionate about his work. Tom McCabe lobbies for the building industry. He is known for a tough, aggressive style. Both men know that in Capitol conversation, “dead” is a metaphor; its meaning is political, not criminal.

Those who profess shock at West’s remarks pretend to believe politicians ought to converse like Sunday school teachers. If they did, they’d get rolled, and so would the public interest, by people like McCabe. Many admired leaders - Lyndon Johnson, Harry Truman, George Patton - were legendary for rhetorical grenades.

West battles regularly with groups that despise his efforts to trim state spending, taxes and bureaucracy. McCabe’s group, like many, had tried to camouflage a costly, special interest rip-off as a benefit to kids. This rightly infuriated West and inspired his call.

The senator has said he regrets his choice of words. An abject apology is the most McCabe reasonably should expect. But a criminal prosecution? That is a silly, outrageous and indeed dangerous abuse of the criminal justice system.

For opposing view, see “Compelled civility better than none”