Sunday, September 25, 2011

Complaining outloud

Someone I know had this to say about a recent event:

I was standing on my porch one day and happened to say, while laughing 'I'd like to punch So-and-So in the nose', which is equivalent to 'give a piece of my mind', or 'kick someone's hind end', but just so happened that the child of this person who irked me was walking by when I said it (having been asked).

In about 20 minutes two cops showed up and wanted to talk to me. I was aghast. I said 'what's the problem? People say 'punch in the nose' all the time meaning they're irked. It doesn't mean actually hitting a person, or even threatening to hit someone, give me a break'.

They said 'Well since you said it standing on your porch, and we didn't hear you, we won't arrest you, but if you'd been standing in the street and said it we'd arrest you for threatening someone'. (Ri-i-i-ght!).

I said 'well, it was a figure of speech, but if you like I'll apologize to everyone involved, I definitely do NOT plan to go punch anyone AND I didn't say it to THEM I said it to another person who was grousing also and their kid overheard it'.

I am not positive how often this might happen with people, at least saying such things about someone else on your own property, but it does happen. And no matter what your intentions, you can be arrested for scenarios like the above. At the very least, for stating a desire to offer violence against another, one could be arrested for simple assault. At the worst, well, possibly even for making terrorist threats.
Now, there are some technicalities regarding if you made the statement in the presence of an officer or not, but that gets into being arrested on the spot or being arrested after the person you threatened obtained a warrant.

Your right to free speech actually ends a bit before the other person's nose.

While I agree that merely expressing a desire to do something, as opposed to actually stating your intent to do the act, should not be a criminal offense, this is the world that we live in. You have to take precautions about what you say, not only against what you do or do not say in the presence of an officer, but you have to watch what you say whenever anyone can overhear your words.

Remember your rights, but more importantly, remember the rights of others as well (which is something that I feel that the majority of people do not do).

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