firstsgtmike
03-27-03, 10:26 PM
I didn't write this, I "borowed" it from another newsletter. It was written by a practicing attorney.
"On the subject of protesters crossing the limits of free speech:
if a protester so much as places another person in the apprehension of ANY unwanted bodily contact (to include spitting, feigned punches or lunges), it most likely constitutes assault.
If a protester so much as touches your bodily person or anything
attached to your person (to include spitting, punches or grabbing), it most likely constitutes a battery.
And a person cannot hide behind free speech after they have engaged in "fighting words" meant to engage another in hostilities. Similar to yelling "fire" in a crowded theater, fighting words are unacceptable and are not Constitutionally protected. "
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I have a question in relationship to the above point.
What are the rules and procedures for making a "citizen's arrest" when one is present when a crime (assault and battery) is being committed?
How much "reasonable force" can be used to prevent the "escape" of the perpetrator while awaiting the arrival of law enforcement officers?
"On the subject of protesters crossing the limits of free speech:
if a protester so much as places another person in the apprehension of ANY unwanted bodily contact (to include spitting, feigned punches or lunges), it most likely constitutes assault.
If a protester so much as touches your bodily person or anything
attached to your person (to include spitting, punches or grabbing), it most likely constitutes a battery.
And a person cannot hide behind free speech after they have engaged in "fighting words" meant to engage another in hostilities. Similar to yelling "fire" in a crowded theater, fighting words are unacceptable and are not Constitutionally protected. "
----------------------------
I have a question in relationship to the above point.
What are the rules and procedures for making a "citizen's arrest" when one is present when a crime (assault and battery) is being committed?
How much "reasonable force" can be used to prevent the "escape" of the perpetrator while awaiting the arrival of law enforcement officers?