First Amendment upheld 8-1

[giblets]

So wait... what exactly is the rationale for assault being not protected by the first amendment?

First of all, it's harassment, not assault. Fred Phelps isn't punching funeral goers in the face.

[Elok]

"Assault" can also mean threatening someone, IIRC, but Phelps isn't doing that either.

[DinoDoc]

I can't find it. Does Snyder still have to pay 16,000 to Phelps?

[Al B. Sure!]

First of all, it's harassment, not assault. Fred Phelps isn't punching funeral goers in the face.

Really? Maybe you need to make it a point to not respond to any of my posts because all you do is show your ass.

As Francis Bacon said, "He doth like the ape that the higher he clymbes the more he shows his ass."

Sigh...

American common law has defined assault as an attempt to commit a battery.
Assault is typically treated as a misdemeanor and not as a felony (unless it involves a law enforcement officer). The more serious crime of aggravated assault is treated as a felony.
Four elements were required at common law:
The apparent, present ability to carry out;
An unlawful attempt;
To commit a violent injury;
Upon another.
Simple assault can be distinguished without the intent of injury upon another person. The violation of one's personal space or touching in a way the victim deemed inappropriate can be simple assault. In common law states an assault is not committed by merely, for example, swearing at another; without threat of battery, there can be no assault.
As the criminal law evolved, element one was weakened in most jurisdictions so that a reasonable fear of bodily injury would suffice. These four elements were eventually codified in most states.
Modern American statutes define assault as:
an attempt to cause or purposely, knowingly, or recklessly causing bodily injury to another; or,
negligently causing bodily injury to another with a deadly weapon.
Some states also define assault as an attempt to menace (or actual menacing) by placing another person in fear of imminent serious bodily injury.

[Al B. Sure!]

"Assault" can also mean threatening someone, IIRC, but Phelps isn't doing that either.

I bring it up not with respect to Phelps or this specific case.


I am asking why is assault without battery considered a crime? And what about assault in a tort sense?

[giblets]

I bring it up not with respect to Phelps or this specific case.


I am asking why is assault without battery considered a crime?

No, you asked why assault isn't protected by the first amendment. I gave you the benefit of the doubt and assumed you were thinking of something else because asking why harassment isn't protected by the first amendment would have sounded a lot less stupid and harassment was what the Phelps case was actually about. Assault doesn't even have anything to do with this thread.

[Al B. Sure!]

No, you asked why assault isn't protected by the first amendment. I gave you the benefit of the doubt and assumed you were thinking of something else because asking why harassment isn't protected by the first amendment would have sounded a lot less stupid and harassment was what the Phelps case was actually about. Assault doesn't even have anything to do with this thread.

DID I NOT JUST SAY

"I bring it up not with respect to Phelps or this specific case."

HUH?!! DID I NOT JUST SAY THAT?!

what the ****?

[loinburger]

show your ass.

Has Speer always been this fixated on man ass, or is this a new development?

[giblets]

DID I NOT JUST SAY

"I bring it up not with respect to Phelps or this specific case."

HUH?!! DID I NOT JUST SAY THAT?!

what the ****?

So basically, you had nothing to say about the thread topic so you decided to thread jack instead of keeping your mouth shut?

[giblets]

Has Speer always been this fixated on man ass, or is this a new development?

I think we know why his anus bleeds so often.

[Al B. Sure!]

So basically, you had nothing to say about the thread topic so you decided to thread jack instead of keeping your mouth shut?

What?

This thread involves the first amendment and the possible limits to free speech. Asking about why assault isn't protected by the first amendment is hardly a thread jack.

Does anyone else think it's a threadjack at all?! I want to hear some thoughts!


Stop being an *******.

[MrFun]

never mind

[loinburger]

Does anyone else think it's a threadjack at all?! I want to hear some thoughts!

**** off

[giblets]

What?

This thread involves the first amendment and the possible limits to free speech. Asking about why assault isn't protected by the first amendment is hardly a thread jack.

Does anyone else think it's a threadjack at all?! I want to hear some thoughts!


Stop being an *******.

It's like asking why rape and murder aren't protected by the first amendment. It makes **** all sense.

[Imran Siddiqui]

Assault is a violent action (like punching at someone, but missing). Not speech.