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Race issue, assault and battery defense

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Fightthefight

Junior Member
Wondering, if someone posts racist video, has racist signs in their yard, or just is walking the street ranting remarks that are a threat to people. I understand assault and battery are very loosely determined, but don't people have the right to defend themselves. Hypothetically, If I heard someone say **** ni*****, or **** Muslims, and I was of that race I would feel the need to defend myself and get rid of the threat to my family.
 


FlyingRon

Senior Member
You misunderstand the concept of self defense. You are only permitted to use force to counter threat of imminent injury. Name calling, as repugnant as it may be, by itself, does not justify a response in force. Neither can you proactively attack someone you fear may be a general threat to you and your family.
 

HighwayMan

Super Secret Senior Member
Why are you worried about this? Why are you even asking about these hypothetical situations?
 

quincy

Senior Member
Wondering, if someone posts racist video, has racist signs in their yard, or just is walking the street ranting remarks that are a threat to people. I understand assault and battery are very loosely determined, but don't people have the right to defend themselves. Hypothetically, If I heard someone say **** ni*****, or **** Muslims, and I was of that race I would feel the need to defend myself and get rid of the threat to my family.
What is the name of your state, Fightthefight?

There is a difference between hate speech and hate crimes. Although hate crimes often involve hate speech, not all hate speech is a crime. Racist videos, racist signs, and racist comments could fall under state or federal hate crimes but only when specific elements are met.

Before any arrest can be made or any legal action taken against the publisher of racist speech, the content of the video would need to be reviewed, the placement of the sign considered and the effect of the "ranting remarks" on the people who hear them assessed.

Here is a link to the Centers for Educational Justice & Community Engagement, UC Berkeley, which explains the difference between a hate crime and hate speech: http://ejce.berkeley/report-incident/what-hate-crime

When you feel your safety or the safety of your family is threatened, you have options. The smartest option is often to contact the police.
 

Silverplum

Senior Member
Wondering, if someone posts racist video, has racist signs in their yard, or just is walking the street ranting remarks that are a threat to people. I understand assault and battery are very loosely determined, but don't people have the right to defend themselves. Hypothetically, If I heard someone say **** ni*****, or **** Muslims, and I was of that race I would feel the need to defend myself and get rid of the threat to my family.
"Muslim" is not a race.
 

justalayman

Senior Member
Wondering, if someone posts racist video, has racist signs in their yard, or just is walking the street ranting remarks that are a threat to people. I understand assault and battery are very loosely determined, but don't people have the right to defend themselves. Hypothetically, If I heard someone say **** ni*****, or **** Muslims, and I was of that race I would feel the need to defend myself and get rid of the threat to my family.
And unless you thought he meant the f word literally and was eying you like you're his next go
To guy, f*** muslims or anything else is not even close to being a threat. Since there is no imminent threat there is nothing to defend yourself from. Any physical action on your part "to defend yourself" will be seen as you being the aggressor and hopefully dealt with appropriately through the courts.
 

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