Jay
Bork! Bork! Bork!
+2,006|5633|London, England

13/f/taiwan wrote:

how so john?
They are racist and go completely against 'equal protection under the law'.

Last edited by JohnG@lt (2011-03-04 09:22:15)

"Ah, you miserable creatures! You who think that you are so great! You who judge humanity to be so small! You who wish to reform everything! Why don't you reform yourselves? That task would be sufficient enough."
-Frederick Bastiat
lowing
Banned
+1,662|6926|USA
I am against hate crime legislation as well. A crime is a crime, just like harassment is harassment, be it sexual, or other wise. It is all verbal abuse, when it is persistent, unwelcome, and intended to do nothing but intimidate or harm.
FEOS
Bellicose Yankee Air Pirate
+1,182|6686|'Murka

JohnG@lt wrote:

FEOS wrote:

JohnG@lt wrote:


Hate crime laws are odious.
Irrelevant. Hence the inconsistency in the ruling and the rightness of Alito's position.
Absolutely not. Hate crime laws are unconstitutional (or should be).
I don't disagree on the wrongness of them, but they have been upheld by the SCOTUS. Thus--again--the inconsistency of the majority decision and the consistency of Alito's position.
“Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid.”
― Albert Einstein

Doing the popular thing is not always right. Doing the right thing is not always popular
Jay
Bork! Bork! Bork!
+2,006|5633|London, England

lowing wrote:

I am against hate crime legislation as well. A crime is a crime, just like harassment is harassment, be it sexual, or other wise. It is all verbal abuse, when it is persistent, unwelcome, and intended to do nothing but intimidate or harm.
And im telling you that what constitutes bullying or harrassment is entirely subjective. What is offensive to one is funny or normal to another.
"Ah, you miserable creatures! You who think that you are so great! You who judge humanity to be so small! You who wish to reform everything! Why don't you reform yourselves? That task would be sufficient enough."
-Frederick Bastiat
lowing
Banned
+1,662|6926|USA

Shahter wrote:

burning a cross on ones own front lawn would be a crime in usa? are there sarcasm tags in that post i'm not seeing?
They don't burn a cross on their own property, no one gives a shit about that, they would burn a cross on the property of the the person they intend to harass. A different matter all together.
lowing
Banned
+1,662|6926|USA

JohnG@lt wrote:

lowing wrote:

I am against hate crime legislation as well. A crime is a crime, just like harassment is harassment, be it sexual, or other wise. It is all verbal abuse, when it is persistent, unwelcome, and intended to do nothing but intimidate or harm.
And im telling you that what constitutes bullying or harrassment is entirely subjective. What is offensive to one is funny or normal to another.
You seem to fail to understand harassment is an unwelcome and unwanted,  persistent interaction. Just like sexual harassment, it isn't how you perceive it that counts, it is how the person you are fucking with perceives it that matters. By your opinion sexual harassment is also subjective, and yet they manage laws against it.
Jay
Bork! Bork! Bork!
+2,006|5633|London, England

lowing wrote:

JohnG@lt wrote:

lowing wrote:

I am against hate crime legislation as well. A crime is a crime, just like harassment is harassment, be it sexual, or other wise. It is all verbal abuse, when it is persistent, unwelcome, and intended to do nothing but intimidate or harm.
And im telling you that what constitutes bullying or harrassment is entirely subjective. What is offensive to one is funny or normal to another.
You seem to fail to understand harassment is an unwelcome and unwanted,  persistent interaction. Just like sexual harassment, it isn't how you perceive it that counts, it is how the person you are fucking with perceives it that matters. By your opinion sexual harassment is also subjective, and yet they manage laws against it.
that plays right into the hands of the perpetually offended. Byebye freedom.
"Ah, you miserable creatures! You who think that you are so great! You who judge humanity to be so small! You who wish to reform everything! Why don't you reform yourselves? That task would be sufficient enough."
-Frederick Bastiat
UnkleRukus
That Guy
+236|5311|Massachusetts, USA
Both your PoVs are right, in their own way. TBH you should treat it in a certain way. If you know the person you're fucking with is easy going and will laugh and joke with you then go for it, but if you don't know the person at all or you know they have no sense of humor then leave it be, dont bring anything up.
If the women don't find ya handsome. They should at least find ya handy.
lowing
Banned
+1,662|6926|USA

JohnG@lt wrote:

lowing wrote:

JohnG@lt wrote:


And im telling you that what constitutes bullying or harrassment is entirely subjective. What is offensive to one is funny or normal to another.
You seem to fail to understand harassment is an unwelcome and unwanted,  persistent interaction. Just like sexual harassment, it isn't how you perceive it that counts, it is how the person you are fucking with perceives it that matters. By your opinion sexual harassment is also subjective, and yet they manage laws against it.
that plays right into the hands of the perpetually offended. Byebye freedom.
Easily solved, the loser of any file lawsuit pays regardless as to who filed it.
Macbeth
Banned
+2,444|5860

I don't mind hate crime laws. If it adds time to a violent offenders sentence it's cool.

I would be okay with hate crime laws going away only if violent crime min sentences go up.
dark110
Member
+37|6897|Chicagoland

Kmar wrote:

Ty wrote:

dark110 wrote:

I do not agree with what you have to say, but I'll defend to the death your right to say it.
That quote is grossly abused.
Especially when people hide under the free speech umbrella in order to harass someone.

It seems like we were just talking about this,

Kmar wrote:

[
There are limits set on free speech. You can have a restraining order placed on them. If their goal is to inflict emotional distress against someone who is grieving at a funeral you better believe that is harassment. In some instances verbal assault can land the attacker a charge of hate crime. The punishments associated with such a crime are serious. Personally, I will not defend anyone's right to verbally abuse someone who is in the weakest condition imaginable, at a funeral.
The Phelps church uses the deaths of soldiers to spread a message. The evidence shows that the Phelps church had no prior connection to the diseased. They have been known to use US military death, and in prior cases, the deaths of homosexuals, to bring attention to their message. The message that they attempt to spread, that god is punishing the United States for its tolerance of homosexuality, while being obscene to most, does constitute a topic of "public importance", the discussion of which cannot be halted under the first amendment. If we decide that conversation must be stifled just because we find the content obscene, then we must throw out the first amendment. Furthermore, the church carried out their protest in the manner ascribed by local law and ordinances. Westboro stayed well away from the memorial service, Snyder could see no more than the tops of the picketers' signs, and there is no indication that the picketing interfered with the funeral service itself.

from the SCOTUS opinnion

To succeed on a claim for intentional infliction of emotional distress in Maryland, a plaintiff must demonstrate that the defendant intentionally or recklessly engaged in extreme and outrageous conduct that caused the plaintiff to suffer severe emotional distress.

The First Amendment reflects
dark110
Member
+37|6897|Chicagoland

Kmar wrote:

Ty wrote:

dark110 wrote:

I do not agree with what you have to say, but I'll defend to the death your right to say it.
That quote is grossly abused.
Especially when people hide under the free speech umbrella in order to harass someone.

It seems like we were just talking about this,

Kmar wrote:

[
There are limits set on free speech. You can have a restraining order placed on them. If their goal is to inflict emotional distress against someone who is grieving at a funeral you better believe that is harassment. In some instances verbal assault can land the attacker a charge of hate crime. The punishments associated with such a crime are serious. Personally, I will not defend anyone's right to verbally abuse someone who is in the weakest condition imaginable, at a funeral.
The Phelps church uses the deaths of soldiers to spread a message. The evidence shows that the Phelps church had no prior connection to the diseased. They have been known to use US military death, and in prior cases, the deaths of homosexuals, to bring attention to their message. The message that they attempt to spread, that god is punishing the United States for its tolerance of homosexuality, while being obscene to most, does constitute a topic of "public importance", the discussion of which cannot be halted under the first amendment. If we decide that conversation must be stifled just because we find the content obscene, then we must throw out the first amendment. Furthermore, the church carried out their protest in the manner ascribed by local law and ordinances. Westboro stayed well away from the memorial service, Snyder could see no more than the tops of the picketers' signs, and there is no indication that the picketing interfered with the funeral service itself.

from the SCOTUS opinnion

To succeed on a claim for intentional infliction of emotional distress in Maryland, a plaintiff must demonstrate that the defendant intentionally or recklessly engaged in extreme and outrageous conduct that caused the plaintiff to suffer severe emotional distress.

The First Amendment reflects
dark110
Member
+37|6897|Chicagoland
fuck this, i had a bunch of cool shit typed out, but its lost, and i cant post it. my point was, blablabla, that if your read the opinion by the SCOTUS, it makes legal sense.

http://www.supremecourt.gov/opinions/10pdf/09-751.pdf

im gonna go jerk off
13rin
Member
+977|6754
Bring back dueling and this entire problem goes away.
I stood in line for four hours. They better give me a Wal-Mart gift card, or something.  - Rodney Booker, Job Fair attendee.
Dilbert_X
The X stands for
+1,816|6381|eXtreme to the maX

JohnG@lt wrote:

lowing wrote:

I am against hate crime legislation as well. A crime is a crime, just like harassment is harassment, be it sexual, or other wise. It is all verbal abuse, when it is persistent, unwelcome, and intended to do nothing but intimidate or harm.
And im telling you that what constitutes bullying or harrassment is entirely subjective. What is offensive to one is funny or normal to another.
If someone finds it offensive then its harassment. Think before you act.

There's a difference between normal banter and harassment or bullying, both of which can take forms other than words.
Fuck Israel
CC-Marley
Member
+407|7103

DBBrinson1 wrote:

Bring back dueling and this entire problem goes away.
People today are too big of pussies to fight a duel.
lowing
Banned
+1,662|6926|USA

Dilbert_X wrote:

JohnG@lt wrote:

lowing wrote:

I am against hate crime legislation as well. A crime is a crime, just like harassment is harassment, be it sexual, or other wise. It is all verbal abuse, when it is persistent, unwelcome, and intended to do nothing but intimidate or harm.
And im telling you that what constitutes bullying or harrassment is entirely subjective. What is offensive to one is funny or normal to another.
If someone finds it offensive then its harassment. Think before you act.

There's a difference between normal banter and harassment or bullying, both of which can take forms other than words.
That is exactly how sexual harassment is judged. No reason why harassment of any kind can't be judged the same way.
Dilbert_X
The X stands for
+1,816|6381|eXtreme to the maX

JohnG@lt wrote:

that plays right into the hands of the perpetually offended. Byebye freedom.
Freedom from harassment by jerks is also a freedom.

Last edited by Dilbert_X (2011-03-04 16:08:16)

Fuck Israel
Jay
Bork! Bork! Bork!
+2,006|5633|London, England

lowing wrote:

Dilbert_X wrote:

JohnG@lt wrote:


And im telling you that what constitutes bullying or harrassment is entirely subjective. What is offensive to one is funny or normal to another.
If someone finds it offensive then its harassment. Think before you act.

There's a difference between normal banter and harassment or bullying, both of which can take forms other than words.
That is exactly how sexual harassment is judged. No reason why harassment of any kind can't be judged the same way.
Because it is subjective and therefor undefinable. You're ok with laws that are undefined? I prefer nice strict wording in my laws so I know precisely what I can not do. It's why speed limit laws aren't written as 'roundabouts the posted speed limit but we'll let you do between 5 and 15 miles an hour over on a given day depending on how the officer is feeling'.

The very idea of broad, catchall laws should terrify you. THAT is tyranny defined.
"Ah, you miserable creatures! You who think that you are so great! You who judge humanity to be so small! You who wish to reform everything! Why don't you reform yourselves? That task would be sufficient enough."
-Frederick Bastiat
Dilbert_X
The X stands for
+1,816|6381|eXtreme to the maX
Because it is subjective and therefor undefinable.
Most civil suits are determined "on the balance of probabilities" and according to the view a "reasonable person" would take.

If you're scared of the view of a jury of 12 of your peers then be careful about who you harass.
Fuck Israel
Jay
Bork! Bork! Bork!
+2,006|5633|London, England

Dilbert_X wrote:

Because it is subjective and therefor undefinable.
Most civil suits are determined "on the balance of probabilities" and according to the view a "reasonable person" would take.

If you're scared of the view of a jury of 12 of your peers then be careful about who you harass.
I don't go about harassing anyone. I just despise the nanny state crap that anti-bullying laws represent. Like I said, you can't legislate it so people are forced to be nice to one another. You can't legislate away competition and aggression. How is that even remotely healthy?
"Ah, you miserable creatures! You who think that you are so great! You who judge humanity to be so small! You who wish to reform everything! Why don't you reform yourselves? That task would be sufficient enough."
-Frederick Bastiat
Dilbert_X
The X stands for
+1,816|6381|eXtreme to the maX

JohnG@lt wrote:

Dilbert_X wrote:

Because it is subjective and therefor undefinable.
Most civil suits are determined "on the balance of probabilities" and according to the view a "reasonable person" would take.

If you're scared of the view of a jury of 12 of your peers then be careful about who you harass.
I don't go about harassing anyone. I just despise the nanny state crap that anti-bullying laws represent. Like I said, you can't legislate it so people are forced to be nice to one another. You can't legislate away competition and aggression. How is that even remotely healthy?
You can legislate to force people to act with minimum civility though.
Its very healthy, it prevents the aggressive dominating the weaker, we have moved on from trial by combat - at least im civilised countries.
Fuck Israel
Jay
Bork! Bork! Bork!
+2,006|5633|London, England

Dilbert_X wrote:

JohnG@lt wrote:

Dilbert_X wrote:


Most civil suits are determined "on the balance of probabilities" and according to the view a "reasonable person" would take.

If you're scared of the view of a jury of 12 of your peers then be careful about who you harass.
I don't go about harassing anyone. I just despise the nanny state crap that anti-bullying laws represent. Like I said, you can't legislate it so people are forced to be nice to one another. You can't legislate away competition and aggression. How is that even remotely healthy?
You can legislate to force people to act with minimum civility though.
Its very healthy, it prevents the aggressive dominating the weaker, we have moved on from trial by combat - at least im civilised countries.
How very Christian of you.
"Ah, you miserable creatures! You who think that you are so great! You who judge humanity to be so small! You who wish to reform everything! Why don't you reform yourselves? That task would be sufficient enough."
-Frederick Bastiat
-Sh1fty-
plundering yee booty
+510|5748|Ventura, California

CC-Marley wrote:

DBBrinson1 wrote:

Bring back dueling and this entire problem goes away.
People today are too big of pussies to fight a duel.
Damn that's a good idea DB. Well, actually, some people might exploit it. How did the rules for that go back then?

I'd probably be dead by now if it were legal though.

Last edited by -Sh1fty- (2011-03-04 16:44:44)

And above your tomb, the stars will belong to us.
lowing
Banned
+1,662|6926|USA

JohnG@lt wrote:

lowing wrote:

Dilbert_X wrote:


If someone finds it offensive then its harassment. Think before you act.

There's a difference between normal banter and harassment or bullying, both of which can take forms other than words.
That is exactly how sexual harassment is judged. No reason why harassment of any kind can't be judged the same way.
Because it is subjective and therefor undefinable. You're ok with laws that are undefined? I prefer nice strict wording in my laws so I know precisely what I can not do. It's why speed limit laws aren't written as 'roundabouts the posted speed limit but we'll let you do between 5 and 15 miles an hour over on a given day depending on how the officer is feeling'.

The very idea of broad, catchall laws should terrify you. THAT is tyranny defined.
Well, as I said before ,it is no more or less subjective than sexual harassment, and those laws are defined and judicious.

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