-Caveat Lector-
On Tue, 2 Feb 1999, Howard R. Davis III wrote:
>> Again, in the concept of "Free Speech" resides, implicitly,
>> "responsibility".
>
>Where did you get this? Responsibility? Who is to judge what is
>responsible free speech? Please define that so we can judge whether or
>not you fulfill your responsibility.
In my state (and in most others), just STATING you intend to cause
someone physical harm is considered assault in the legal sense...and
hence, one can be arrested and prosecuted for assault just for stating
one's desire/intention....
This was stressed to us when I was taking nursing classes, that if we
even SAID to a difficult patient that we'd have them restrained, that we
could be legally arrested and prosecuted for committing assault...if we
indeed DID restrain the patient, or caused them to be restrained, we'd
than be liable for the additional charge of battery...
It was also stressed when I worked as a private security guard...that if
we saw someone acting suspiciously, or outright committing some wrong-
doing, we could ASK them to remain, but legally could do nothing to
restrain them, that even to SAY that "If you don't stop, I'll
(whatever)...." left us open to a legal charge of assault...
Now, one could argue that both the nurse and the security guard are
'responsible' in their 'threats', the nurse because he/she is attempting
to give necessary medical attention to a patient who may not be in full
use of their mental facilities, and hence can be fighting the procedures
because they're incapable of understanding what is going on...in the
second case, the security guard may be acting and speaking 'responsibly'
because he/she is attempting to safeguard the client's property, perhaps
enforce a regulation that is for the benefit of the person who is
ignoring the rule, a regulation that safeguards people's health
and wellbeing....
June
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The melancholy days are come, the saddest of the year,
Of wailing winds and naked woods, and meadows brown and sear.
-- Wm. Cullen Bryant: The Death of the Flowers
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