It's a matter of interpretation.   And of free speech.   And as the quote pointed out--I got mine from Slate, and the anonymous blogger seems to have used the same quote but not given attribution--that there is absolutely no question that accusations of racism, which was --- and is, and ever shall be, world without end--the main theme of Professor Gates--are protected free speech.

It would be interesting to know for sure whether cursing out a policeman would be covered free speech--but that is totally immaterial to this case, since Gates did nothing of the kind.

I also found out something else I didn't know about Professor Gates:   it's unlikely he will ever have any financial problems again--he sold for $10 million a a web-based company he started. (Source:   WSJ 25 July 2009).

I wonder if "Professors Behaving Badly"   would get good ratings.   I might even watch it.