Who Should Monitor Mayhem?

Philadelphia mayor blasts lawless youth; NYPD to patrol social media


This is a rush transcript from "The Five," August 10, 2011. This copy may not be in its final form and may be updated.

ANDREW NAPOLITANO, CO-HOST: Welcome back to "The Five."

We've talking about the riots in London and the big question is whether or not something like this could happen here, right here in the US of A. We do have problems in the city of Philadelphia, Kim, where the mayor has actually lectured people on their clothing and on his own ordered those under 18 to go home. Question. Is that constitutional?

And we may have a problem like that in New York City, Bob Beckel, where the New York City Police Department wants to follow people on their Blackberries and know with whom they are communicating and where they're meeting up.

Kim, what do you think?

KIMBERLY GUILFOYLE, CO-HOST: Here are the questions, whether or not it is publicly indecent, is it something where they're showing too many body parts, the guys who wear the pants down around, if they're exposing any area of their buttocks, et cetera, then you've got an argument that they can tell them, pick them up.

If you are in a private school -- absolutely, you are subjected to the rules of whether they have uniforms, et cetera.

But this is an area where people say this is what I want to wear, this is my expression, just like t-shirts that have writing --


DANA PERINO, CO-HOST: Let's hear what he has to say, because one of the things he says, Judge, is that you -- it's about jobs. Because if the complaint is, we don't have enough money, we don't have enough government programs, is that you can't job if you look like that.

NAPOLITANO: But he also says you got to cover your butt. Take a listen.

PERINO: Cover it.


PHILADELPHIA MAYOR MICHAEL NUTTER: This nonsense must stop. If you want to act like an idiot, move -- move out of this city. We don't want you here anymore.

Take those doggone hoodies down, especially in the summer. Pull your

-- pull your pants up and buy a belt. No one wants to see your underwear or the crack of your butt. Nobody.


GUILFOYLE: I love. I'm applauding for that.

NAPOLITANO: I agree with him in the bully pulpit. He's saying the right thing to the right people, but it's the force of opinion that does this. He can't use the police to force you to wear a belt, or pull up your pants but that's what he's doing.

GUILFOYLE: He can't make -- I know. Well, he can't do that. That's where you cross the line, like I said, unless there's a specific, you know, complaint, somebody goes in, and tells the police about it, whatever.

But, when you think about it, his message is correct.


GUILFOYLE: He's saying be responsible for yourself, try and go out there and get a job. Present yourself in a way that also isn't offensive to other people.


NAPOLITANO: Should the government tell people what clothes to wear?

What's wrong with a hoodie on your head in 90-degree heat? It's crazy, but they have the right to do it.

GREG GUTFELD, CO-HOST: There are two issues. One is the hoodie covers what you look like, so you can't be identified if you're committing a crime. So, that's one of the reasons why they do it.

The other thing is about what's considered obscene. I mean, nobody wants to see somebody else's butt. That's the bottom line.

BOB BECKEL, CO-HOST: I wouldn't be so quick to say that.

GUTFELD: On the bus, Bob, I've told you this a million times: pull up your pants. But the thing is --


NAPOLITANO: Have you said that to him?

GUTFELD: Yes, many times.

GUILFOYLE: Bob has a belt on, for the record.

GUTFELD: And, finally, after weeks of persuasion.

NAPOLITANO: Can you weigh in on the NYPD?

BECKEL: Yes, I would like to. I would like to weigh in on something substantive, besides the fact that I have a belt on. The reason I have a belt on because I'm going away for the next two days. Don't break your hearts now. I'll be back on Monday. You can't get away from me.

Look, the New York City Police Department wants to monitor Facebook and -- is it tweeter or Twitter?


BECKEL: Twitter. And I think that is as close to unconstitutional as you possibly can get. Getting in the middle of -- that's your personal conversation. Who do they think they are involving themselves in what I say --

GUTFELD: It's not that way. In order to monitor Facebook or Twitter, you have to actually join their group. You become a friend of somebody on Facebook. Then you could see what they're saying.

BECKEL: Oh, I see. So, we're going to have the cops become our friends on Facebook?

GUTFELD: Exactly.

BECKEL: To hell with that.

NAPOLITANO: Well, actually, what Greg is saying is true.

BECKEL: I don't want any cops --

NAPOLITANO: But from your point of view, if you allow the police to join your group, correct me I have this right on Twitter, then they know what they are doing. Can they force their way to your group without a search warrant?


NAPOLITANO: Can they ask you to join a group and tell you who they are?


NAPOLITANO: And can you reject them when they want to join?


BECKEL: But if they try to do it without your approval --

NAPOLITANO: It's clearly a violation of the fourth amendment.

PERINO: However, if it's terrorism and we're trying to prevent an attack and they're organizing on Twitter and Facebook, I will bet that you might change your mind.

NAPOLITANO: Well, I wouldn't change my mind, because if it's terrorism, they can go to a judge and they can get a search warrant.

PERINO: I know you wouldn't. That's why I turned to Bob.

BECKEL: Well, let them get a search warrant. That's right. I mean, you know, if that were the case, I'd monitor all Republicans. But I'm not going to do that.

PERINO: There's not enough time.

GUILFOYLE: It's exigent circumstances that they receive information regarding a credible threat that involves national security. They have the right.

And let me tell you something, if we have this around a lot with 9/11, you would say, go in and get them and prevent them.

NAPOLITANO: Have you participated in these things where suddenly 25 people in front of the FOX building are out there dancing in unison? That's what half this stuff is.

GUILFOYLE: Flash mobs.

NAPOLITANO: Flash mobs. Right. That is the word.

GUTFELD: I don't see what the big deal is. We live in a culture where everybody is broadcasting their plans. Suddenly everybody is talking about privacy. Come on!

BECKEL: Are you related to Mussolini? I mean -- what is this?


BECKEL: You're like Bull Connors.


NAPOLITANO: Where are there riots and where is one of the greatest cities in the world burning as we speak? London. Where are there more security cameras than anywhere else in the world? London.

GUTFELD: That's how they're going to catch them


GUILFOYLE: Big Brother is everywhere.

GUTFELD: They wear hoods because of the cameras.

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