Hey yal I have a question. I'm sitting in my American Government class today and my teacher said that if you are having a confrontation with somebody and they say certain things to you (fighting words) that you can legally get physical. Apparently the words are things like saying they're going to kill you, or calling you gay. He also said that if you do end up fighting over this and he wants to press charges he can't because he said these "fighting words." This doesn't sound right to me, anybody know anything about this?

 

I don't believe calling someone gay would excuse anything,but I believe if someone is reasonably in fear for their life they have the right to defend themselves
I could be wrong

 

Yeah I wouldn't have thought calling somebody gay would be grounds for an *** kicking (legally). I was always had the understanding that the other person had to make the first move for you to not have any legal responsibility. Anybody else know?

 

I don't buy this. Ask a lawyer.

 

Maybe he meant "i am going to kill you BECAUSE you are gay!!!"



P.S........You're Gay!!!!!!!



At the scene you would BOTH be arrested and charged. It is up to the ADA to find out whose charges stick.





JUST KIDDING FOLKS lets not get all touchy............

 

...It is not so much a matter of what is said or how it is said or who says it....It is more a combination of all the above and then some...there are fighting words and then there are FIGHTING words...There is no such thing as a "magic" word or phrase that allows you haul off and hit someone...

The key is:
...If you are truly in fear of you life or the life of another or reasonably believe that you or another are facing imminent bodily harm..Then you might have a leg to stand on when talking to the Judge.

You do NOT have to wait for someone to "make the first move" as long as you can adhere to the key....
One of the few exceptions that size DOES matter...in some cases that can be the determining factor...
for example: Your bump a guy in a bar and spill his drink, he gets upset (hes 6'4" 230lb, your 5'8" 150lb) He then stands up in an aggressive manner and tells you he is going to kick your A...At which point you stick your thumb in his eye and he collapses on the floor in agony....ah, but I digress...
...Legally a person can be intimidated into action by the size of the threat as well as words or actions...but know this, every situation will be taking on a case by case basis....

...Now back to the bar..."Bartender!" get this poor sob a icepack and refresh his drink..."

 

Were I allowed to attack someone for calling me names I would not be the nice friendly, peaceful and gentle critter that I am.. I am always being yelled at by somebody, and I have never hit them for it... Maybe I am too soft.

Aggressive speech is not justifiable reason for attack in Tennessee, unless you are a sworn officer. Then it could be argued that attack was inappropriate, if the shouter were smaller and less able to damage the officer.

Theo

 

Remember when Phil Donahue smacked down one of those celeb photographers when he insulted his wife. It was not the insulting words that got Phil off, it was the fact that the guy would not quit following her WHILE shooting off his mouth and camera and she was trying to get away. THAT combo was viewed as a threat.

 

You gotta remember that you will need to justify you case to a jury... and then remember that everyone says they fought & killed in self defense.

Might be good in theory... but the reality will get ya.

 

Remember the 1st Amendment

You can say anything that you want as long as it dose not endanger another person. If a person states that they are going to kill you and you are in fear for your life, you may defend yourself at the same level of the threat.

It becomes very convoluted in that you now need to make sure that the instigator actually has the want and desire to cause you harm.

I would not do anything over words, unless you are totally sure that there are actions to back up the person’s words.

A rash judgement could cause you major pain in the future.

 

Okay these things are starting to sound right. I may have to ask my teacher about this and clear it up. Thanks for the responses!

 

i saw this on judge judy...... i know i need to get a day job....but they sit and argue over what was said and such....when they should just declare a winner or let it go and get a brew

 

Kids at school call each other gay all the time. But rarely do they mean it. They also say them fightin' words but the first person to shove or throw a punch gets a detention or a suspension.

The only time I would try to really hurt someone is if they were gay and touched me. I don't give warnings for that kind of stuff.

 

In Texas, Penal Code Ch. 9.31 (Self Defense) "Except as provided in Subsection (b), a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necesary to protect himself against the other's use or attempted use of unlawful force.
(b) The use of force against another is not justified:
(1) in response to verbal provacation alone."
Balance of PC 9.31 not relevant to current discussion. This is right out of the law book used in the Texas Concealed Handgun class.

 

Fordtrucker....
To sumarize...If ya havent seen it yet is that there is no single answer, every situation would be as varied and convoluted...
Be justified, be aware, be thorough, be fast, be effective....