General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIf a woman felt threatened due to protesting outside of a family planning clinic...
..could she pepper-spray them? Could her escort (s)? Is that legal?
I think it was a bad move to remove the buffer zones around family planning clinics.
I also can't believe that people waste their time by harassing women like that. Lame.
0rganism
(23,953 posts)allegedly, if you feel threatened in Florida, you can do a lot more than pepper spray someone.
MinneapolisMatt
(1,550 posts)I think the Supreme Court made an error here.
lostincalifornia
(3,639 posts)using the cover of free speech.
tularetom
(23,664 posts)and then claim they "felt threatened" by them.
0rganism
(23,953 posts)or, for extra excitement, both ways at once
WCLinolVir
(951 posts)be exiting. Grotesque.
nomorenomore08
(13,324 posts)hack89
(39,171 posts)There have to be specific threats of bodily harm.
catbyte
(34,386 posts)hack89
(39,171 posts)So I don't think it will be an issue in SYG states. It is not like SYG is anything new - we have decades of experience with it. We have centuries of case law on self defense and rational fear.
lunasun
(21,646 posts)JVS
(61,935 posts)The ultimate "wait till dad comes home"
Now if they were to threaten suffering directly at their hands, for example "We'll/I'll fuck you up" then it's more credible as a threat.
hack89
(39,171 posts)Last edited Sat Jun 28, 2014, 09:38 AM - Edit history (1)
Unless it could be proven that person had god like powers.
Bluenorthwest
(45,319 posts)That's just very false. 'You will burn to death' is a threat which takes a liter of gas and a match to make real, not 'god like powers'.
Niceguy1
(2,467 posts)However, saying that u will burn in hell is not a threat
hack89
(39,171 posts)Last edited Sat Jun 28, 2014, 01:08 PM - Edit history (1)
Then it would be reasonable to assume your life is in danger and you can defend yourself. Just like if they had a gun or knife. Absent that can of gas it is not an immanent threat and you cannot shoot them. There is a couple of centuries of case law on the subject.
JVS
(61,935 posts)catbyte
(34,386 posts)police were called. Is MA even a SYG state?
hack89
(39,171 posts)MA allows using deadly force for self defense if you fear for your life. Every state does.
Jeff In Milwaukee
(13,992 posts)In that case, open fire early and often.
hack89
(39,171 posts)Interracial murder is rare so I am not that familiar with issue.
Jeff In Milwaukee
(13,992 posts)Tell you what. Just Google the name "Trayvon Martin"
hack89
(39,171 posts)So only one example?.
Jeff In Milwaukee
(13,992 posts)Because I'm not...
hack89
(39,171 posts)But you can't provide examples? No real surprise there.
X_Digger
(18,585 posts)The legal standard is a hell of a lot more than 'feeling threatened'.
hlthe2b
(102,276 posts)protesters and that if confronted (protester in my face) I would use pepper spray to protect myself.
Honest to gawd, if one can shoot and kill someone who you believe is threatening you as has occurred all too frequently, how the hell can you not pepper spray?
Michigander_Life
(549 posts)They are objectively and reasonably in fear of injury. For deadly force to be lawful, the objective and reasonable fear of serious injury or death must be present.
If the woman can convince a jury that her fear was reasonable and objective, she certainly is entitled to lawfully defend herself.
Downwinder
(12,869 posts)"Take your hands out of your pockets. You are scaring me."
valerief
(53,235 posts)seeking medical attention if she refuses to make eye contact with them?
Methinks the bought-&-paid-for SCOTUS whores would say yes.
MinneapolisMatt
(1,550 posts)BrotherIvan
(9,126 posts)The original law was made because workers and patients were harmed by these lunatics. I really hope something bad doesn't happen, but as worked up as they already are, it's bound to happen. This country is not safe for women.
avebury
(10,952 posts)have no problem with Stand Your Ground for the woman and her escort. Let the 2nd Amendment serve a true purpose for once.
NutmegYankee
(16,199 posts)Maybe the Global War on Terrorism needs to come home.
Hekate
(90,683 posts)When shaming and screaming don't work, they kill people.
ananda
(28,860 posts)That is one of the most doublespeak terms ever.
janlyn
(735 posts)I don't know about the legalities of pepper spray but, I can tell you they don't like to be video taped! Had a man video taping me all the while telling me he was gonna post it on youtube to show the world the women who sinned. So I proceeded to tape him and told him I was going to post it on youtube to show the world the type of cowards who want to harass women for seeking contraceptives and health screenings.
Pissed him off to no end!!
It was the most satisfying experience of my life!!
MinneapolisMatt
(1,550 posts)maxrandb
(15,330 posts)because most folks going into a family planning or OB/GYN Clinic are not raging a$$hats.
While it would be tempting to "stand your ground" with some of these "Old Testament Christians" (folks who call themselves Christians, but haven't made it past the Book of Leviticus in their Bibles yet)...I prefer the suggestion from one of the DUers
Find out what churches are behind the protests and be just as "effing" obnoxious as they are as they try to go to church on Sunday. Take signs with pictures of abused children and scream that their priest/pastor quick being pedophiles.
Take bloody coat-hangers pass them out.
Take air-horns and blast them as they try to have service.
Tell their kids that they're cannibals
Form a human shield blocking the entrance and refuse to move.
Spit on them and call them murderers in recognition of the billions killed in the name of their God.
Video tape them and post their names and addresses on ISIS/ISIL websites.
Tell them you "know where they and their children live".
Then take them to the Supreme Court when they try to block your right to "converse with them"
nomorenomore08
(13,324 posts)Sauce for the goose...
notadmblnd
(23,720 posts)if she could just pull her gun and shoot them?
hack89
(39,171 posts)Unless there were explicit threats of bodily harm.
Chan790
(20,176 posts)They do make threats of bodily harm, engage in campaigns of intimidation and harassment, and they're not above putting their hands on you...a SYG issue isn't remote if this spreads, it's inevitable.
hack89
(39,171 posts)MA allows the use of deadly force to protect your life if you have a reasonable fear of death or severe injury. Every state allows self defense.
notadmblnd
(23,720 posts)Remember, these are people who have killed Dr.s and blown up clinics or support those who do or have. I would think if a woman encountered these anti choice people and they were blocking her attempts to enter the clinic. Her fear of death or great bodily harm could justify her standing her ground.
hack89
(39,171 posts)Killing someone for standing in your way or even grabbing you may be a hard sell though. There is two centuries of case law on self defense. I would make sure I understood exactly what the law says first.
blm
(113,061 posts)I would make sure YOU understood the facts and the REALITY.
But, you have no intention of doing that.
hack89
(39,171 posts)the judge will tell the jury exactly what constitutes self defense and what does not.
I understand the reality of what happens outside of clinics. But I would never recommend that someone shoot and kill someone else unless I knew exactly what the law is. What is wrong with that? I would hate for someone to wrongfully kill someone else and spend the rest of their lives in prison.
blm
(113,061 posts)And your attempt to defend Poppy Bush's alliance with Rev Moon that you, at first, tried to deny in that certain way you have of trying to sound benign.
And....Funny how you pop into certain issues and always take up for the RW narrative.
hack89
(39,171 posts)And that you need to understand what the law actually says is that a RW position?
I said many time that Zimmerman was guilty. I also knew that it was a problematic prosecution because there were no eye witnesses besides Z. The fact that prosecution witnesses supported Z's story didn't help.
blm
(113,061 posts)Always benign.
LOL. Yeah....sure.
hack89
(39,171 posts)I will go now so you can regain your inner calm. Peace.
blm
(113,061 posts)And have an excellent memory.
blm
(113,061 posts)protestors. Laws and policies need to be shaped to address that reality. Surely you remember that policies are made based on what people do, don't you, hack? Or do you cherry pick to suit your politics?
hack89
(39,171 posts)It is driven by legal precedent.
I supported the 30 foot buffer. However we are talking about self defense laws. Before you shoot someone you better know what the law actually is. Don't you agree?
WCLinolVir
(951 posts)frazzled
(18,402 posts)into clinics. I have not done this, but I have a friend who volunteers to do this on weekends all the time. Several women ( or men I guess could do it just as well) act as human buffers to protect the patients from any harrassers. You don't engage on any level ... You just are there to make sure the women don't have to endure unwanted interventions.
MinneapolisMatt
(1,550 posts)ManiacJoe
(10,136 posts)They tend to be quite restrictive. And before SYG can be claimed, you first have to claim self defense.
X_Digger
(18,585 posts)I have to wonder if they really think that 'feeling threatened' is all the justification they need to respond with force.
Lurks Often
(5,455 posts)Because it is worth exactly what you paid for and you could end up in jail on felony charges for following the advice.
The laws vary from state to state, so what flies in Texas will get you arrested in Massachusetts.
The GENERAL rule of thumb for lethal force is "a reasonable fear of death or grave bodily harm"
If you want real advice, check with a lawyer that does criminal law
Niceguy1
(2,467 posts)Over words can get you locked up for assault.
SDjack
(1,448 posts)"Though the image often represents illegal speech, "shouting fire in a crowded theater" refers to an outdated legal standard. At one point, the law criminalized such speech, which created a "clear and present danger." But since 1969, for speech to break the law, it cant merely lead others to dangerous situations. It must directly encourage others to commit specific criminal actions of their own."
http://civil-liberties.yoexpert.com/civil-liberties-general/is-it-legal-to-shout-%22fire%22-in-a-crowded-theater-19421.html
X_Digger
(18,585 posts)Would a reasonable person, in the same circumstances, feel that grave bodily injury is imminent?
No? Then force isn't justified.
Paladin
(28,257 posts)There's a first time for everything, I guess......
Lee-Lee
(6,324 posts)And while each state varies a little, the general question to ask is "Would a jury reviewing a tape of this believe I was legitimately in fear for my life, great bodily harm or sexual assault?". Note- always assume there is a tape, even if there isn't, cameras are everywhere.
If yes, then the standard for use of deadly force in self defense has been met. This is a general rule, of course, each state will vary.
SYG doesn't even apply to that standard- it comes in next. In a SYG state self defense is ok once the answer is yes. In a non-SYG state the next question is "can I retreat or run away or do anything else diffuse the situation?" In a non SYG state if the answer to that is yes than you are legally obligated to attempt retreat or whatever other means to end the confrontation before using force in self defense if at all possible.
That would be the sticky point in a duty to retreat state (one without SYG). A prosecutor could possibly argue that a person in fear from a protester could diffuse that situation by turning around and retreating away from the confrontation, and as a result prosecute a use of force in self defense. The argument would be that the victim should have retreated to diffuse the situation and reported the threat to authorities and attempted to seek the medical treatment later, and that by failing to they are guilty of murder or manslaughter even though the other party was the aggressive and violent one.
That is why I oppose duty to retreat laws- they make victims accountable for the safety of their attackers and make it safer for asshats like these protesters to be violent without fearing anyone resisting them.
Nye Bevan
(25,406 posts)when they ask for money?
I think there actually has to be a specific threat or action that would make a reasonable person fearful for their safety.
alphafemale
(18,497 posts)Let's play by their rules and see how they like it.
Paladin
(28,257 posts)Discuss among yourselves, then get back to us.
VanillaRhapsody
(21,115 posts)I think so...I mean I would feel threatened by them....Schadenfreude?
Lint Head
(15,064 posts)I'm a male but I think a woman should do the same. No one has the right to harass anyone or make them feel threatened. I think they have a legal right to do so.
hack89
(39,171 posts)Lint Head
(15,064 posts)intent to do bodily harm. I will be having them indicted. If they indict for revenge, I know the ropes well enough.
I have been very successful with this in the past and confident for any future situations.
hack89
(39,171 posts)If you not careful with that pepper spray.
Lint Head
(15,064 posts)displacedtexan
(15,696 posts)I thank them for making the location of the clinic so visible and explain that most women have no idea where such clinics are. Lots of dumb fuck facial expressions when I do that.
As for pepper spray, I think the rabid nutjobs would use that as an excuse to attack en masse.
GreenPartyVoter
(72,377 posts)NutmegYankee
(16,199 posts)Pro-liberty people pledged to donate a certain dollar amount to Planned Parenthood or NARAL for every terrorist who showed up to protest a clinic for a week. It totally got the terrorists in a huff as their being there directly caused NARAL or PP to get extra money.
It was awesome.
Proud Liberal Dem
(24,412 posts)Does somebody NOT have to have in order to spend your time worrying about a stranger's reproductive life- based on their concern over a fetus? There are so many born children and people in need of help and many of these so-called "pro-lifers" are actually trying to make it harder for them to get various forms of assistance.
Boom Sound 416
(4,185 posts)But to your question, sure.
If she feels threatened, she can...
Stand her ground.
McCamy Taylor
(19,240 posts)Pretty sure that is what "stand your ground" is all about.
Oh, and before anyone alerts the mods, this is a joke, of course.
HockeyMom
(14,337 posts)I verbally threatened him if he didn't get out of my face, BUT if someone is physically "imprisoning" you, is assault justifiable means? Stand your Ground, minus a GUN????
X_Digger
(18,585 posts)Has nobody here been part of an organized civil disobedience action? One that actually has a lawyer or two on staff? One that would explain what you can and can't do? Where protest crosses the line into disturbing the peace, assault, or harassment?
People rarely get acquitted for assaulting someone over 'fighting words'.