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Equivalent to yelling fire?

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Equivalent to yelling fire?

Old 11-15-2018, 12:23 PM
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Default 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
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Old 11-15-2018, 01:22 PM
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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.
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Old 11-15-2018, 01:36 PM
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Originally Posted by Oldtimr View Post
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.
Not sure that I agree... The article said that a few dozen people ran for the exits... Had any of them been injured, or potentially trampled to death would he then be guilty of a crime?

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.
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Old 11-15-2018, 01:47 PM
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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.
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Old 11-15-2018, 04:37 PM
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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?!
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Old 11-15-2018, 05:01 PM
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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?
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Old 11-15-2018, 05:02 PM
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Originally Posted by JagMagMan View Post
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?!
That pretty much sums up my thoughts about this... I would add in this case, the action, in relation to the venue(A play about a Jewish family)... Things washed out okay in this case... Who knows next time?

Maybe I'm over thinking it... Just seems to be reckless to me...
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Old 11-15-2018, 05:14 PM
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I will not argue it was reckless and stupid, but I will argue it was not criminal behavior.
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Old 11-15-2018, 06:57 PM
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Originally Posted by Oldtimr View Post
I will not argue it was reckless and stupid, but I will argue it was not criminal behavior.
Not trying to argue at all... Also, not stating that I'm right... Kinda shouting a thought into the hills of this forum, and waiting to read what the echo tells me... As I said above, maybe I'm over thinking this...

As far as I'm concerned, all of the replies thus far have been great. Had a thought about this, and sought feedback...
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Old 11-15-2018, 07:26 PM
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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!

Last edited by JagMagMan; 11-15-2018 at 07:36 PM.
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