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MinneapolisMatt

(1,550 posts)
Fri Jun 27, 2014, 07:18 PM Jun 2014

If 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.

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If a woman felt threatened due to protesting outside of a family planning clinic... (Original Post) MinneapolisMatt Jun 2014 OP
and what happens now in "stand your ground" states? 0rganism Jun 2014 #1
Yes. MinneapolisMatt Jun 2014 #2
Did they ever. They allowed an individuals right to privacy to be infringed upon by a stranger, lostincalifornia Jun 2014 #77
It's more likely that the protestors would shoot the women visiting the clinics tularetom Jun 2014 #10
i could see it going either way 0rganism Jun 2014 #11
Seriously, my IMHO you sound unwell. Suggesting killing would WCLinolVir Jun 2014 #18
I think "excitement" was meant facetiously there... nomorenomore08 Jun 2014 #22
You cannot shoot someone for verbal harassment hack89 Jun 2014 #20
There were, hence the law. It wasn't just verbal. catbyte Jun 2014 #26
I doubt abortion protesters are verbally threatening to hurt people to their faces hack89 Jun 2014 #27
Saying they were going to burn for their sin ? lunasun Jun 2014 #30
Damnation is usually the threat of those who are unable to make good on more direct threats. JVS Jun 2014 #37
That is not a threat of physical violence hack89 Jun 2014 #38
Your claim is that people are incapable of using fire as a weapon? Bluenorthwest Jun 2014 #44
in context it could be a threat Niceguy1 Jun 2014 #45
If the person saying it had gasoline and matches in hand hack89 Jun 2014 #47
"You will burn to death" is not the same as "You will burn in Hell" JVS Jun 2014 #53
I read reports of threatening behavior, intimidation, pushing, shoving so that catbyte Jun 2014 #31
You don't need SYG to protect your life in public hack89 Jun 2014 #39
Unless the individual is African American... Jeff In Milwaukee Jun 2014 #69
Do you have any specific examples? hack89 Jun 2014 #72
Apparently you don't subscribe to a newspaper... Jeff In Milwaukee Jun 2014 #73
The prosecution witnesses would disagree with you hack89 Jun 2014 #79
Do people ever actually fall for this faux dumb-ass act you're peddling? Jeff In Milwaukee Jun 2014 #81
So it happens all the time hack89 Jun 2014 #82
Really? Who alleges this? X_Digger Jun 2014 #34
That has been my thought. I would surely wear a sign stating I did not wish to engage with any hlthe2b Jun 2014 #3
A person may use force to defend oneself or others if.. Michigander_Life Jun 2014 #4
Do it like the Cops do. Downwinder Jun 2014 #7
Can the lunatic delusional frothing Christozombies pepper-spray the woman valerief Jun 2014 #5
Yikes. MinneapolisMatt Jun 2014 #6
No no! They are "gently counseling" them BrotherIvan Jun 2014 #36
I think that it would be one situation that I would avebury Jun 2014 #8
Well, the anti-abortion movement is a known domestic terror organization... NutmegYankee Jun 2014 #9
If she did that, she would very likely be shot. There is a substrate of real violence among them Hekate Jun 2014 #12
And yet they call themselves "pro life" ananda Jun 2014 #42
I loathe those protesters! janlyn Jun 2014 #13
Awesome! MinneapolisMatt Jun 2014 #25
Probably not maxrandb Jun 2014 #14
+1 nomorenomore08 Jun 2014 #23
Interesting question. I wonder- in a stand your ground state, notadmblnd Jun 2014 #15
No - it would be murder hack89 Jun 2014 #21
hack, have you ever dealt with these people? Chan790 Jun 2014 #35
So why hasn't it happened yet? hack89 Jun 2014 #40
No, I don't think there needs to be any threats notadmblnd Jun 2014 #49
Letting a jury decide is one way to go hack89 Jun 2014 #52
There are 3 decades of murders and violence from rabid anti-choice protesters. blm Jun 2014 #57
The law is the law hack89 Jun 2014 #58
Such an expert - just like you were in defending Zimmerman at every turn. blm Jun 2014 #59
I am saying that SYG is not an unlimited license to shoot and kill hack89 Jun 2014 #60
LOL. Yeah.......sure. And your defense of Poppy Bush, Rev Moon, Issa, et al... blm Jun 2014 #62
You seem a little upset hack89 Jun 2014 #63
I am always at peace. And always comprehensive. blm Jun 2014 #64
Good. nt hack89 Jun 2014 #65
Laws and policies are made based on what people do. Plenty of violent acts here made by anti-choice blm Jun 2014 #74
We are a common law legal system hack89 Jun 2014 #80
Hmm, stand your ground law? WCLinolVir Jun 2014 #16
Better idea: you can volunteer to escort women ... frazzled Jun 2014 #17
That's an excellent suggestion! MinneapolisMatt Jun 2014 #24
Far too many folks here need to read their state's self defense laws. ManiacJoe Jun 2014 #19
+1 No kidding! X_Digger Jun 2014 #33
DO NOT RELY ON THE INTERNET FOR LEGAL ADVICE REGARDING SELF DEFENSE!!! Lurks Often Jun 2014 #28
or even using pepper spray Niceguy1 Jun 2014 #46
Is it OK now to shout "Fire" in a crowded theater? nt SDjack Jun 2014 #29
Yes Kaleva Jun 2014 #41
"Feeling threatened" isn't the legal standard (much as some claim it is, SYG or not.) X_Digger Jun 2014 #32
Thanks to our Gun Enthusiasts, for urging restraint on Stand Your Ground. Paladin Jun 2014 #43
Others have gone over the standard pretty well already Lee-Lee Jun 2014 #48
If someone "feels threatened" by homeless people, is it legal to pepper spray them Nye Bevan Jun 2014 #50
Maybe we need some Pro-Choice Open Carry Escorts. alphafemale Jun 2014 #51
How about it, DU Gun Enthusiasts? Paladin Jun 2014 #71
Could she use Stand Your Ground? VanillaRhapsody Jun 2014 #54
If someone confronts me in a harrassing manner or I feel threatened In wil pepper spray them. Lint Head Jun 2014 #55
Just be prepared to convince a jury. Nt hack89 Jun 2014 #61
I will. I've prosecuted people for assault before. And if I'm threatened I will prosecute for Lint Head Jun 2014 #66
You will be the one being judged hack89 Jun 2014 #68
So far I'm batting a thousand. Lint Head Jun 2014 #83
Every time I see agroup of clinic protesters... displacedtexan Jun 2014 #56
Love it! GreenPartyVoter Jun 2014 #70
In VA there was a program called Pledge a Protester. NutmegYankee Jun 2014 #76
What kind of life Proud Liberal Dem Jun 2014 #67
Isn't the buffer zone now eight feet? Boom Sound 416 Jun 2014 #75
I think she could "stand her ground" and shoot them. McCamy Taylor Jun 2014 #78
Would it be Assault if I pushed that protester out of my way? HockeyMom Jun 2014 #84
Yes, that would be assault. X_Digger Jun 2014 #85

0rganism

(23,953 posts)
1. and what happens now in "stand your ground" states?
Fri Jun 27, 2014, 07:22 PM
Jun 2014

allegedly, if you feel threatened in Florida, you can do a lot more than pepper spray someone.

lostincalifornia

(3,639 posts)
77. Did they ever. They allowed an individuals right to privacy to be infringed upon by a stranger,
Sat Jun 28, 2014, 04:19 PM
Jun 2014

using the cover of free speech.

tularetom

(23,664 posts)
10. It's more likely that the protestors would shoot the women visiting the clinics
Fri Jun 27, 2014, 07:54 PM
Jun 2014

and then claim they "felt threatened" by them.

hack89

(39,171 posts)
20. You cannot shoot someone for verbal harassment
Fri Jun 27, 2014, 08:33 PM
Jun 2014

There have to be specific threats of bodily harm.

hack89

(39,171 posts)
27. I doubt abortion protesters are verbally threatening to hurt people to their faces
Fri Jun 27, 2014, 09:05 PM
Jun 2014

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.

JVS

(61,935 posts)
37. Damnation is usually the threat of those who are unable to make good on more direct threats.
Sat Jun 28, 2014, 05:34 AM
Jun 2014

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)
38. That is not a threat of physical violence
Sat Jun 28, 2014, 07:33 AM
Jun 2014

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)
44. Your claim is that people are incapable of using fire as a weapon?
Sat Jun 28, 2014, 09:22 AM
Jun 2014

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'.

hack89

(39,171 posts)
47. If the person saying it had gasoline and matches in hand
Sat Jun 28, 2014, 09:43 AM
Jun 2014

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.

catbyte

(34,386 posts)
31. I read reports of threatening behavior, intimidation, pushing, shoving so that
Fri Jun 27, 2014, 10:54 PM
Jun 2014

police were called. Is MA even a SYG state?

hack89

(39,171 posts)
39. You don't need SYG to protect your life in public
Sat Jun 28, 2014, 07:35 AM
Jun 2014

MA allows using deadly force for self defense if you fear for your life. Every state does.

hlthe2b

(102,276 posts)
3. That has been my thought. I would surely wear a sign stating I did not wish to engage with any
Fri Jun 27, 2014, 07:24 PM
Jun 2014

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)
4. A person may use force to defend oneself or others if..
Fri Jun 27, 2014, 07:26 PM
Jun 2014

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.

valerief

(53,235 posts)
5. Can the lunatic delusional frothing Christozombies pepper-spray the woman
Fri Jun 27, 2014, 07:36 PM
Jun 2014

seeking medical attention if she refuses to make eye contact with them?

Methinks the bought-&-paid-for SCOTUS whores would say yes.

BrotherIvan

(9,126 posts)
36. No no! They are "gently counseling" them
Sat Jun 28, 2014, 03:58 AM
Jun 2014

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)
8. I think that it would be one situation that I would
Fri Jun 27, 2014, 07:47 PM
Jun 2014

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)
9. Well, the anti-abortion movement is a known domestic terror organization...
Fri Jun 27, 2014, 07:48 PM
Jun 2014

Maybe the Global War on Terrorism needs to come home.

Hekate

(90,683 posts)
12. If she did that, she would very likely be shot. There is a substrate of real violence among them
Fri Jun 27, 2014, 07:59 PM
Jun 2014

When shaming and screaming don't work, they kill people.

janlyn

(735 posts)
13. I loathe those protesters!
Fri Jun 27, 2014, 08:02 PM
Jun 2014

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!!

maxrandb

(15,330 posts)
14. Probably not
Fri Jun 27, 2014, 08:02 PM
Jun 2014

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"

notadmblnd

(23,720 posts)
15. Interesting question. I wonder- in a stand your ground state,
Fri Jun 27, 2014, 08:04 PM
Jun 2014

if she could just pull her gun and shoot them?

 

Chan790

(20,176 posts)
35. hack, have you ever dealt with these people?
Fri Jun 27, 2014, 11:14 PM
Jun 2014

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)
40. So why hasn't it happened yet?
Sat Jun 28, 2014, 07:38 AM
Jun 2014

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)
49. No, I don't think there needs to be any threats
Sat Jun 28, 2014, 10:22 AM
Jun 2014

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)
52. Letting a jury decide is one way to go
Sat Jun 28, 2014, 10:48 AM
Jun 2014

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)
57. There are 3 decades of murders and violence from rabid anti-choice protesters.
Sat Jun 28, 2014, 11:36 AM
Jun 2014

I would make sure YOU understood the facts and the REALITY.

But, you have no intention of doing that.

hack89

(39,171 posts)
58. The law is the law
Sat Jun 28, 2014, 12:01 PM
Jun 2014

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)
59. Such an expert - just like you were in defending Zimmerman at every turn.
Sat Jun 28, 2014, 01:00 PM
Jun 2014

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)
60. I am saying that SYG is not an unlimited license to shoot and kill
Sat Jun 28, 2014, 01:07 PM
Jun 2014

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)
62. LOL. Yeah.......sure. And your defense of Poppy Bush, Rev Moon, Issa, et al...
Sat Jun 28, 2014, 01:11 PM
Jun 2014

Always benign.

LOL. Yeah....sure.

blm

(113,061 posts)
74. Laws and policies are made based on what people do. Plenty of violent acts here made by anti-choice
Sat Jun 28, 2014, 03:57 PM
Jun 2014

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)
80. We are a common law legal system
Sat Jun 28, 2014, 04:48 PM
Jun 2014

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?

frazzled

(18,402 posts)
17. Better idea: you can volunteer to escort women ...
Fri Jun 27, 2014, 08:12 PM
Jun 2014

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.

ManiacJoe

(10,136 posts)
19. Far too many folks here need to read their state's self defense laws.
Fri Jun 27, 2014, 08:25 PM
Jun 2014

They tend to be quite restrictive. And before SYG can be claimed, you first have to claim self defense.

X_Digger

(18,585 posts)
33. +1 No kidding!
Fri Jun 27, 2014, 10:58 PM
Jun 2014

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)
28. DO NOT RELY ON THE INTERNET FOR LEGAL ADVICE REGARDING SELF DEFENSE!!!
Fri Jun 27, 2014, 09:16 PM
Jun 2014

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

Kaleva

(36,299 posts)
41. Yes
Sat Jun 28, 2014, 07:40 AM
Jun 2014

"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 can’t 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)
32. "Feeling threatened" isn't the legal standard (much as some claim it is, SYG or not.)
Fri Jun 27, 2014, 10:56 PM
Jun 2014

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)
43. Thanks to our Gun Enthusiasts, for urging restraint on Stand Your Ground.
Sat Jun 28, 2014, 08:34 AM
Jun 2014

There's a first time for everything, I guess......

 

Lee-Lee

(6,324 posts)
48. Others have gone over the standard pretty well already
Sat Jun 28, 2014, 10:19 AM
Jun 2014

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)
50. If someone "feels threatened" by homeless people, is it legal to pepper spray them
Sat Jun 28, 2014, 10:28 AM
Jun 2014

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.

Lint Head

(15,064 posts)
55. If someone confronts me in a harrassing manner or I feel threatened In wil pepper spray them.
Sat Jun 28, 2014, 11:33 AM
Jun 2014

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.

Lint Head

(15,064 posts)
66. I will. I've prosecuted people for assault before. And if I'm threatened I will prosecute for
Sat Jun 28, 2014, 01:26 PM
Jun 2014

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.

displacedtexan

(15,696 posts)
56. Every time I see agroup of clinic protesters...
Sat Jun 28, 2014, 11:35 AM
Jun 2014

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.

NutmegYankee

(16,199 posts)
76. In VA there was a program called Pledge a Protester.
Sat Jun 28, 2014, 04:15 PM
Jun 2014

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)
67. What kind of life
Sat Jun 28, 2014, 02:04 PM
Jun 2014

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)
75. Isn't the buffer zone now eight feet?
Sat Jun 28, 2014, 04:00 PM
Jun 2014

But to your question, sure.

If she feels threatened, she can...

Stand her ground.

McCamy Taylor

(19,240 posts)
78. I think she could "stand her ground" and shoot them.
Sat Jun 28, 2014, 04:33 PM
Jun 2014

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)
84. Would it be Assault if I pushed that protester out of my way?
Sat Jun 28, 2014, 06:36 PM
Jun 2014

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)
85. Yes, that would be assault.
Sat Jun 28, 2014, 11:33 PM
Jun 2014

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'.

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