Then tell me what you think of that student at UF being told he is being arrested for asking questions. Was he justified in resisting?
http://www.constitution.org/uslaw/defunlaw.htm
2007-09-21 23:16:01 · 5 answers · asked by John L 2 in Politics & Government ➔ Law & Ethics
Well Vaughn, he had a right to be there right?
“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.
2007-09-21 23:27:29 · update #1
regerugged, do yourself a favor and read those rulings. They talk about illegal arrests from police officers, which you can legally defend yourself. Go get a mind of your own maybe.
2007-09-21 23:38:37 · update #2
Yah Magick I agree. In the state the U.S. is in now, it may be terribly difficult to prove your arrest was illegal, even if it is plain as day on video and obviously wrong.
2007-09-21 23:45:25 · update #3
Well said Mick T, it saddens me Americans are so oblivious and dumb and willing to have their liberties stripped away.
2007-09-22 00:06:27 · update #4
Anybody who thinks that boy UF did anything illegal is a G@ddamned communist, and you should be ashamed of yourselves. I live in country where freedom of speech is new. They didn't have it for 40yrs because they were controlled by the Soviet Union. Everyone I've shown this video to, says that is exactly what would happen under communism if someone had the courage to speak freely. Today it would result in large protests at the parliament building, and the government knows this. Verbally offending people is not a violation of their rights. Threatening them is. Saying this kid was violating someone else's rights is just a modern spin to silence dissent. Sometimes it's necessary to be rude in order to affect change. It's preferable to a violent revolution.
2007-09-22 00:01:30 · answer #1 · answered by mick t 5 · 1⤊ 0⤋
http://www.jbs.org/node/222
First, take a look at the above case. Remember, the John Elk case was ruled on in 1900. It was a different time back then. The above link is a much better example of what happens when citizens defend themselves against unlawful detention by police. The man in question shot a policeman that busted into his house WITHOUT a warrant and without identifying himself. It turned out that the cops busted into the wrong house. It didn't seem to matter. The man was sentenced to death. So...you can clearly see that the courts tend to take the cops side of an issue, even when faced with overwhelming evidence that no crime has been commited.
Second, this student wasn't being arrested. He was escorted out of a private forum. The security there was acting on orders, and they had a perfect right to eject him. When he refused, he was tresspassing.
Third, although everyone has freedom of speech, we can't practice it anytime and anywhere. This has a long legal history. This student is more than welcome to stand on a streetcorner and say whatever he wants. However, telling him that he can talk into the microphone as long as he wants is like saying that I should be able to get on the intercom at Wal-mart and read porn. Yes, technically, I'm practicing freedom of speech. But I'm infringing on other people's rights. It is a 'hostile, forced audience'.
I was shocked when I first saw this video on YouTube. Then...I did some checking. This person staged an incident on purpose to get a rise out of security. He had a friend tape it. It happened on private property. This is not something that requires a trip to the Supreme Court. As many REAL issues that face our country everyday, this guy is just a distraction from the problems our country is avoiding.
2007-09-21 23:50:18 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Interesting! However, he wasn't being arrested for asking questions; he was being arrested for disturbing the peace. Did you not notice how, in the video, as the police FIRST tried to guide him away from the (silenced) microphone, the rest of the audience broke into applause?
They had rights too. The fact that this clearly disturbed man wouldn't shut up was infringing on the rights of others to ask their questions as well, and to hear Kerry's answers.
2007-09-21 23:21:47 · answer #3 · answered by Vaughn 6 · 1⤊ 2⤋
Most people don't realize that they can resist arrest if the conditions are right; but 'right' is open for interpretation.
A person does have a certain right to defend themselves.
2007-09-21 23:41:51 · answer #4 · answered by Anonymous · 2⤊ 0⤋
Resisting arrest is against the laws of every state and municipality. Rule #1, always obey a police officer.
Your cite is referring to self defense. It is not a defense when one disobeys police officers in front of witnesses.
2007-09-21 23:37:17 · answer #5 · answered by regerugged 7 · 0⤊ 2⤋