  Russix Member Username: Russix Post Number: 72 Registered: 11-2006 |
Or is it free speech? | ||
6nois Member Username: 6nois Post Number: 674 Registered: 11-2006 |
The answer is really simple, ones rights to say or do whatever stops where the next persons beings, and with the street being a public space with no option for people to avoid the word slinging then it could be considered a crime. Now if you were at a private residence then it would be free speech because no one has to be subjected to it there against their free will. But really this would probably come down to local laws. | ||
Gazhekwe Member Username: Gazhekwe Post Number: 1701 Registered: 08-2007 |
There are specific local laws that speak to this. Racial or ethnic intimidation is a good search term if you want to research your particular area. | ||
Shark Member Username: Shark Post Number: 338 Registered: 12-2003 |
Just consider it a gritty, yet whimsical part of the urban experience. We have a lot to learn from the bums of Detroit. | ||
Detroitrise Member Username: Detroitrise Post Number: 1784 Registered: 09-2007 |
This topic belongs in Non-Detroit. | ||
Rugbyman Member Username: Rugbyman Post Number: 271 Registered: 06-2005 |
Unlikely to be a crime to use slurs. But if you were in a situation where the slurs made you apprehensive for your physical safety,then it would be a crime, albeit simple assault. Battery and slurs could be construed as a hate crime, depending on the circumstances. | ||
Rugbyman Member Username: Rugbyman Post Number: 272 Registered: 06-2005 |
^^^ Mmmmm.... law school. | ||
Detroitbill Member Username: Detroitbill Post Number: 538 Registered: 09-2006 |
Ive just never understood why someone would even use a racial slur yet judge the value of a human based on the color of their skin , It causes such hatred.. and shows such ignorance and stupidity on the part of the person delivering it, It was done so often and unjustifiably to black people in the south ( and everywhere) and now we have a mayor ( of all people) who does,, I had thought the majority of us were so past that level of ignorance towards each other. | ||
Rel Member Username: Rel Post Number: 442 Registered: 02-2008 |
I believe it could be considered assault, even without physical contact. | ||
Dbc Member Username: Dbc Post Number: 106 Registered: 09-2006 |
It could not be an assault without some threat of physical contact. An assault - the precise elements vary by jurisdiction - is an attempt to cause unwanted physical violence to another or to cause the fear of such violence. Traditionally, raising your fist like you're about to hit someone - even without making physical contact - is an assault. (Battery, on the other hand, is the actual unwanted physical contact whether it causes fear or not. Traditionally, you couldn't assault someone who is sleeping or can't see you coming, as that is battery. That's why assault and battery are now often combined and identified under the law simply as assault or battery - depending on the jurisdiction.) Thus, unless the racial slur is accompanied by an intent to cause physical violence or something causing the fear of violence, it's not assault. That said, there is also "simple" assault or second-degree assault, where someone gets in your personal space with the intent to simply touch you or fear you will be touched – as opposed to cause injury or violence. Again, it differs by jurisdiction, and I don't know what Michigan's law says. Sorry for the long explanation, but legislators and lawyers never make things simple.  | ||
Club_boss Member Username: Club_boss Post Number: 333 Registered: 12-2006 |
“Is it a crime to curse at people on the street with racial obscenities.” Crime? I would be more worried that said person is prepared to defend, as well as back up, those words; street justice can be a painful lesson. “Or is it free speech” I would say its stupidity or naivety. People wonder why they get their ass beat. (Message edited by club boss on March 15, 2008) | ||
Warrenite84 Member Username: Warrenite84 Post Number: 275 Registered: 01-2007 |
No. People today feel they have a legal right to be respected. Respect is to be earned. If the person on the receiving end feels that their personal safety is jeopardized, then yes under a battery charge. Civility is a two way street. So is respect. | ||
Jimaz Member Username: Jimaz Post Number: 4806 Registered: 12-2005 |
This tangentially brings to mind the curious case of the cussing canoeist, Timothy Boomer: Victory for cussing canoeist up **** creek without a paddle. The 105-year-old Michigan anti-cussing law was struck down in the end. In a classic forbidden text paradox, the attorneys in court had to violate the very law they were debating: quote: | ||
Mozeewink Member Username: Mozeewink Post Number: 13 Registered: 03-2008 |
If hurling racial epithets at someone was likely to cause immediate physical retaliation, the racial slurs could be considered "fighting words" and would not be protected by the 1st Amendment - Freedom of Speech. | ||
Jenniferl Member Username: Jenniferl Post Number: 429 Registered: 03-2004 |
I've had racial epithets hurled at me while standing at the bus stop at Woodward and Warren. I did indeed feel very threatened, more because I am female and the person who said these things to me was a man much bigger than myself who was clearly not in a coherent frame of mind. Plus, he included some sexually charged words along with the racial slurs. I never even considered going to the police. I figured they wouldn't care. | ||
Mozeewink Member Username: Mozeewink Post Number: 15 Registered: 03-2008 |
Jenniferl, I think the argument could be made that what you experienced was an assault...that is awful, I'm so sorry that happened to you! I don't know what the police response would have been, though... | ||
Otter Member Username: Otter Post Number: 38 Registered: 12-2007 |
"May the fleas of a thousand camels infest one of your erogenous zones!" If someone on the street were to curse at me like that, I'd have to laugh and give them credit for having a lot of style! (and remember it for later use myself, of course.) But with the kinds of curses you actually hear....nope, verbal english-language crime. | ||
Oladub Member Username: Oladub Post Number: 156 Registered: 08-2006 |
Assault involves the threat or attempt to strike another. This isn't assault. It would be slander if any of the name calling involved untruths. Lewd, offensive, unwanted remarks about race and sometimes involving threats is harassment. Breaking the peace is a broad enough concept to make an arrest for such behavior. If the name calling or harassment cause emotional distress or mental anguish, there would be room for a lawsuit or restraining order. | ||
Mozeewink Member Username: Mozeewink Post Number: 16 Registered: 03-2008 |
well, it depends on what words are used. if the words cause apprehension of imminent physical contact, that could be construed as an assault. of course, there are many scenarios that could be played out. | ||
Oladub Member Username: Oladub Post Number: 158 Registered: 08-2006 |
There has to be at least the threat to strike and some accompanying conditions for this to be assault. If there was a threat to strike causing the "apprehension of imminent physical contact" and the other legal conditions of assault were met, then you are correct. http://dictionary.law.com/defa ult2.asp?selected=2444&bold=|||| | ||
Figebornu Member Username: Figebornu Post Number: 97 Registered: 01-2008 |
A black man sued his employer for not stopping another black person from using the "n" word and won several thousand dollars. Thus, a significant number of black people have been trained, programmed and/or manipulated into using abusive and racial slurs against each other. And this has to stop. | ||
Bobj Member Username: Bobj Post Number: 4254 Registered: 11-2003 |
If you paint certain racial slurs on a house - that is ethnic intimidation, I think, I could be wrong. So if you say it out loud to someone's face, wouldn't that be the same thing? At least?? | ||
Detroitnerd Member Username: Detroitnerd Post Number: 2040 Registered: 07-2004 |
Outlaw speech and see who they go after: Five'll get you ten the cops only cite the same old people they already do. I don't imagine they'll bust into a bigot's household, but they'll likely tack on a "hate crime" charge when some inner-city suspect calls somebody a honky. Anyway, trying to outlaw language is stupid. Sticks and stones May break my bones, But names shall never hurt me. | ||
Diehard Member Username: Diehard Post Number: 402 Registered: 03-2005 |
You mean I could've sued everytime a stranger said something vulgar or insulting to me? Huh. Wish I would've known. How about getting flashed by a perv in a trench coat? |
