Equivalent to yelling fire?
11-15-2018, 12:23 PM
#1
Nontypical Buck
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Location: Northern Minnesota
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Equivalent to yelling fire?
I'm pretty sure that most here realize that our rights are not absolute...
One example being that if you yell fire in a crowded theater, and someone gets injured, or killed in a panicked exodus, your going to be charged with a crime...
No one was hurt in this incident, but the potential was certainly there... So should this guy been charged with a crime?
Seems to me like he should have...
https://www.yahoo.com/news/man-shout...130617277.html
One example being that if you yell fire in a crowded theater, and someone gets injured, or killed in a panicked exodus, your going to be charged with a crime...
No one was hurt in this incident, but the potential was certainly there... So should this guy been charged with a crime?
Seems to me like he should have...
https://www.yahoo.com/news/man-shout...130617277.html
11-15-2018, 01:22 PM
#2
Boone & Crockett
Join Date: Jul 2014
Location: south eastern PA
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No he should not have been arrested because he committed no crime. He may have been an idiot bit no crime was committed, unlike college campus, a theater is not a safe place where you cannot say certain things . A summarily performed ejection from the theater would have been in order.
Last edited by Oldtimr; 11-15-2018 at 01:24 PM.
11-15-2018, 01:36 PM
#3
Nontypical Buck
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Originally Posted by Oldtimr
No he should not have been arrested because he committed no crime. He may have been an idiot bit no crime was committed, unlike college campus, a theater is not a safe place where you cannot say certain things . A summarily performed ejection from the theater would have been in order.
I'm no expert on the law, but have to believe that there would be some form of reckless endangerment that he could be charged with... Seems to me that it was a reckless act that could have led to injury, or death of others...
Last edited by Lunkerdog; 11-15-2018 at 01:39 PM.
11-15-2018, 01:47 PM
#4
Boone & Crockett
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There is a huge difference between yelling fire in a crowded theater and yelling heil Hitler. Yelling fire clearly indicates imminent danger and has no need to be protected speech if true.. Heil Hitler does not indicate imminent danger and therefore is protected speech even though offensive to many, including me, however offensive speech is protected speech. The fact that some folks may have taken a leap and got frightened due to the Synagoga shooting, the fact that all did not head for the exits shows most people took it for what it was. The United States does not prosecute people because some don't like what they have to say, unlike some other countries.
11-15-2018, 04:37 PM
#5
Giant Nontypical
Join Date: Feb 2003
Location: Port Neches, Texas
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This is a tough one. Hopefully legal experts will get it right. I would say that in context to today's social atmosphere, "yelling," not merely "saying heil Hitler, would be as criminal as yelling fire! With worldwide terrorism, synagogue shootings, theater shooting and general political unrest, if someone starts yelling heil Hitler, I'd be thinking what's coming next, bullets?!
11-15-2018, 05:01 PM
#6
Giant Nontypical
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There can be different legal remedies pursued in such a circumstance. If people were injured, they could sue the shouting man under tort law. Alternatively, the people could sue the theatre, and the theatre could sue the shouting man. These are not criminal proceedings and do not imply that a crime has been committed. Ask a lawyer for more details. For a crime to be committed is another matter. What is the crime? Disturbing the peace? Is that a crime or a violation of municipal ordinance akin to not plugging the parking meter? I don't know. I think you need to understand these subtle points when you start arguing whether it is a crime or not. "Crime" is not defined by popular jargon and usage but rather by the legal system. But at another level, what does it matter? Isn't this equivalent to debating how many angels can dance on the head of a pin?
11-15-2018, 05:02 PM
#7
Nontypical Buck
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Originally Posted by JagMagMan
This is a tough one. Hopefully legal experts will get it right. I would say that in context to today's social atmosphere, "yelling," not merely "saying heil Hitler, would be as criminal as yelling fire! With worldwide terrorism, synagogue shootings, theater shooting and general political unrest, if someone starts yelling heil Hitler, I'd be thinking what's coming next, bullets?!
Maybe I'm over thinking it... Just seems to be reckless to me...
11-15-2018, 06:57 PM
#9
Nontypical Buck
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Originally Posted by Oldtimr
I will not argue it was reckless and stupid, but I will argue it was not criminal behavior.
As far as I'm concerned, all of the replies thus far have been great. Had a thought about this, and sought feedback...
11-15-2018, 07:26 PM
#10
Giant Nontypical
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Not wanting to argue the point either. IF, it was a crime (probably a misdemeanor, disturbing the peace or reckless endangerment) I'd go so far as to tack on "hate crime," due to the venue that it was committed in!
One point that I think we overlooked is he was supposedly, pro-Hitler and pro-Trump! Since Trump has shown nothing but support FOR Israel, this guy is an obvious plant by the dummycrap party to stir sheet!
One point that I think we overlooked is he was supposedly, pro-Hitler and pro-Trump! Since Trump has shown nothing but support FOR Israel, this guy is an obvious plant by the dummycrap party to stir sheet!
Last edited by JagMagMan; 11-15-2018 at 07:36 PM.
