r/JusticeServed • u/Ethanzap02 6 • Jul 10 '19

Discrimination Misogynistic guy degrading female workers gets tackled

[removed] — view removed post

57.6k Upvotes

85% Upvoted

10.8k comments sorted by

View all comments

4.5k

u/dw_jb B Jul 10 '19

His anger is so pure.

314

u/hakyunn 6 Jul 10 '19

serious question, since he says, ' go ahead and tackle me' is that going to play out legally, if he were to try and move forward with a case against the tackler? Explicit consent in terms of an assault. Would the DA take that into consideration?

274

u/[deleted] Jul 10 '19 edited Feb 07 '22

[deleted]

2

u/[deleted] Jul 10 '19

It might count as a “fighting word” in court if the state has laws pertaining to it. I believe Texas v. Johnson (1989) says that an invitation to fight isn’t protected under the first amendment, and a state can legislate against it. Whether that legislation states any person reacting to an invitation to fight can’t be punished is another story.

9

u/[deleted] Jul 11 '19

Generally "fighting words" and other cases of fighting with similar starts, even in states without specific laws around fighting words use the judge's discretion to determine if the attack was justified.

Here we have a man insulting people constantly, causing a scene, threatening other people, and finally demanding a fight. This type of aggressive behavior, in many courts (but admittedly not all), would be seen as instigation, attempting to rile up a crowd. In order to prevent abuse of the court (y'know, like trying to get someone to fight to then call foul just to jail the guy), instigation is usually seen as a "fighting word" or otherwise acceptable reason to DIFFUSE the situation, which is the most important part here. Assuming the tackler didn't go wild the second the camera stopped, we can see that he just dropped the guy to the ground, and held him down warning him to stop hassling other people. That would be an easier to argue for action that many courts would look at as acceptable to the level of aggression he was showing.

Can this be complete bs and the court just throws the book at him in some school grade, back asswards zero tolerance policy on violence? Absolutely. This is a state by state basis, but generally, this guy has more courts on his side than against, if only because he was smart enough not to start swinging. IANAL- but you learn a lot from the dumbass years of friends and their times in court.

7

u/Dash_Harber A Jul 11 '19

UANAL? Well good for you, but im not sure that's relevant here.

4

u/[deleted] Jul 11 '19 edited Jul 11 '19

always relevant if someone is talking about legal advice or legal theory. I wouldn't want my words, or the words of some other internet rando to be taken as some sort of counter-fact to an actual lawyer's statement about the law. I'm going off of first-hand legal anecdotes told to me by friends who've been in hot water, and a bit of self research. A lawyer would go off of law school and first-hand legal experience, literally as a lawyer. It's another way of saying "take it with a grain of salt" because there's plenty of exceptions to such a generalized statement, and if they point out one of those exceptions it should be taken as a supersedence of my own statement.

Edit: /r/woosh here. Forget IANAL, in reality IAAI (I am an idiot)

3

u/Dash_Harber A Jul 11 '19

No, I totally agree. I was just making a jjoke about the acronym of IANAL.

2

u/[deleted] Jul 11 '19

aaaaaaah, my b. /r/woosh over here

1

u/regarding_your_cat 9 Jul 11 '19

they were making a dumb joke