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mahatmakanejeeves

(57,764 posts)
21. IANAL. That said:
Tue Apr 12, 2016, 10:14 AM
Apr 2016

Last edited Tue Apr 12, 2016, 12:24 PM - Edit history (1)

The legal code of Maine is the standard here. I'm hoping someone who is a lawyer will chime in, but I think I've got this one.

Assault

In criminal and civil law, assault is an attempt to initiate harmful or offensive contact with a person, or a threat to do so. It is distinct from battery, which refers to the actual achievement of such contact.

If someone reaches over and takes the hat off my head, I consider that "an attempt to initiate harmful or offensive contact with a person, or a threat to do so." In fact, this was an "actual achievement of such contact," and therefore battery.

The ACLU is salivating at the chance to go to court with this one. Bet on it.

ETA: In Virginia, you can still read for the law.* I'm pretty sure that includes Googling.

Title 17-A: MAINE CRIMINAL CODE Part 2: SUBSTANTIVE OFFENSES Chapter 9: OFFENSES AGAINST THE PERSON §207. Assault

1. A person is guilty of assault if:

A. The person intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person. Violation of this paragraph is a Class D crime; or {2001, c. 383, §10 (NEW); 2001, c. 383, §156 (AFF).}

* Huh? I mean this:

Reading law

Reading law is the method by which persons in common law countries, particularly the United States, entered the legal profession before the advent of law schools. This usage specifically refers to a means of entering the profession (although in England it is still customary to say that a university undergraduate is "reading" a course, which may be law or any other). Reading the law consists of an extended internship or apprenticeship under the tutelage or mentoring of an experienced lawyer. A small number of U.S. jurisdictions still permit this practice today.

Best wishes. Thank you for writing.
The right to your own political opinion also includes the right for others opinions. hobbit709 Apr 2016 #1
It seems to me Stryst Apr 2016 #88
What legal action? mahatmakanejeeves Apr 2016 #96
I meant that his action was legal Stryst Apr 2016 #97
Oh, now I get it. Thanks. NT mahatmakanejeeves Apr 2016 #98
No problem Stryst Apr 2016 #105
Great post. Very enjoyable. n/t Judi Lynn Apr 2016 #117
The school allows all political speech by students? Democat Apr 2016 #2
Tinker V. Des Moine - Freedom of speech does not stop at the school house door. Hoppy Apr 2016 #7
Most schools in Oregon don't allow shirts or hats with slogans bhikkhu Apr 2016 #24
Portland, Maine (not Oregon) nt magical thyme Apr 2016 #28
And yet another example of why putting the STATE in the headline is important. kentauros Apr 2016 #35
I agree. I took one look at the OP and immediately scanned to find the post magical thyme Apr 2016 #38
I think the next time I see a story for that other Montgomery County, kentauros Apr 2016 #44
LBN rules. mahatmakanejeeves Apr 2016 #43
So the LBN rule already exists? kentauros Apr 2016 #46
Yeah. It's really annoying. Hassin Bin Sober Apr 2016 #50
I've noticed that too. kentauros Apr 2016 #52
Look for the rule when you try to do a post in LBN jpak Apr 2016 #57
I've never posted anything to LBN. kentauros Apr 2016 #71
I try to go with a local newspaper. mahatmakanejeeves Apr 2016 #76
Great idea jpak Apr 2016 #86
I blame the website more. Hassin Bin Sober Apr 2016 #93
I should have checked, but a quick read getting ready for work bhikkhu Apr 2016 #108
Freedom of speech cuts both ways, moran. ChairmanAgnostic Apr 2016 #3
freedom of speech does not equate to grabbing his hat and throwing it in the trash magical thyme Apr 2016 #29
on that, we agree. ChairmanAgnostic Apr 2016 #31
I don't think this little troll understands the concept of the 1st amendment. Javaman Apr 2016 #4
1st Amendment? brucefan Apr 2016 #5
derp LOL I'll fix. nt Javaman Apr 2016 #6
So, he doesn't think adults have a right to their political opinions, but he does? sinkingfeeling Apr 2016 #8
I, for one, am shocked. MynameisBlarney Apr 2016 #9
I applaud the kid for standing up and exercising the rights guaranteed him by the First Amendment. mahatmakanejeeves Apr 2016 #10
He has rights, but they end at terminating others rights becasue they hurt his feelings. Gore1FL Apr 2016 #12
They're free to comment all they want. What they're doing is going after him physically. mahatmakanejeeves Apr 2016 #13
They get to tell the kid he's wrong. Gore1FL Apr 2016 #45
I think he was complaining about the physical attempts, which were not confined to students. Yo_Mama Apr 2016 #112
Who said he was the same? nt Gore1FL Apr 2016 #114
People in this thread, saying that schools didn't have to tolerate Yo_Mama Apr 2016 #116
You're lying to try to make a point Tempest Apr 2016 #16
Read again: mahatmakanejeeves Apr 2016 #18
Picking a hat off of someone's head is in no way a form of assault. FSogol Apr 2016 #20
IANAL. That said: mahatmakanejeeves Apr 2016 #21
Believe it or not, a hat is not part of a person. You can pick a hat up without touching a person. FSogol Apr 2016 #22
This was not a case of someone's "picking up" a hat. mahatmakanejeeves Apr 2016 #23
The douche is learning the effects of free speech. Just because you have the right FSogol Apr 2016 #25
If that turns out to be the school administration's legal defense, mahatmakanejeeves Apr 2016 #30
Sure. The courts have always sided with school systems restrictions of the 1st amendment FSogol Apr 2016 #32
The ACLU's mileage may vary on what the meaning of "disruptive" is. NT mahatmakanejeeves Apr 2016 #34
They didn't in tinker. N/t beevul Apr 2016 #107
That's pretty ignorant. revbones Apr 2016 #26
Completely different. FSogol Apr 2016 #27
Why don't you go up to a police officer and remove his hat. See what he thinks about it. nt revbones Apr 2016 #41
Yes, the facepalm proves your point. rofl revbones Apr 2016 #63
There's always someone who takes it to an illogical conclusion Tempest Apr 2016 #37
How so? revbones Apr 2016 #40
Yup, His latest example (hassling an on-duty police officer) is just as ludicrous. FSogol Apr 2016 #42
An absurd consistency is often a hobgoblin of little minds LanternWaste Apr 2016 #60
Yeah, cuz using the definition of assault and proving you wrong is absurd. revbones Apr 2016 #64
I'm sure the police are converging on playgrounds all around America right now to prosecute the FSogol Apr 2016 #68
Doesn't change the definition does it? revbones Apr 2016 #70
I remember whole little league games where dozens of hats were knocked off in gleeful disregard FSogol Apr 2016 #73
Test your theory then and prove your comments. revbones Apr 2016 #74
Keep your hands to yourself... TipTok Apr 2016 #48
I didn't say removing the hat wasn't wrong. I said it wasn't assault. FSogol Apr 2016 #51
It's been clearly proven that it is... TipTok Apr 2016 #54
You're conflating evidence and proof. How rational... LanternWaste Apr 2016 #62
Are you suggesting that if I knocked your hat off your head... TipTok Apr 2016 #67
Why not stick to the definition of assault then? revbones Apr 2016 #65
Do it to a cop and see what happens. N/T beevul Apr 2016 #106
Telling a kid he's an idiot for wearing that hat is not "physically" going after him. MADem Apr 2016 #89
Please take another look at the article. Things went beyond "telling." mahatmakanejeeves Apr 2016 #92
What, the lifting of the hat? If you're going to call that getting physical, that is a bridge too MADem Apr 2016 #95
The courts have consistently interpreted the constitution to limit those rights in minors bhikkhu Apr 2016 #109
"Disruption" appears to be educators' greatest classroom fear. MrModerate Apr 2016 #11
"... a Trump hat is inherently disruptive." mahatmakanejeeves Apr 2016 #15
He says in so many words he's doing it to be disruptive. n/t Tempest Apr 2016 #17
"... in so many words...." mahatmakanejeeves Apr 2016 #19
He specifically says he knew he would be picked on. Tempest Apr 2016 #33
Great. So when a gay student comes out in school, knowing that he's going to be picked on, mahatmakanejeeves Apr 2016 #39
The kid wore it to be disruptive. Gore1FL Apr 2016 #47
The school administration, apparently . . . MrModerate Apr 2016 #110
So lets flip the script philosslayer Apr 2016 #69
Trump 2016 is so totally different in character . . . MrModerate Apr 2016 #111
What the teacher said was comedy gold! Blandocyte Apr 2016 #14
In your mind, would it be comedy platinum if a teacher said that to an undocumented Akicita Apr 2016 #66
It depends on the delivery and the timing Blandocyte Apr 2016 #85
Good answer. Akicita Apr 2016 #115
Reverse the message on the hat and place this teenager in a deeply conservative classroom tymorial Apr 2016 #36
I'd be annoyed that the kid was making my candidate look bad by being disruptive. Gore1FL Apr 2016 #49
Really? If an AA student wore an Obama hat in a conservative school district that would annoy you Akicita Apr 2016 #59
If he did it to disrupt, yes. Gore1FL Apr 2016 #75
That was a little hyperbolic. Akicita Apr 2016 #77
Yeah. When you compared a kid with a hat to Rosa Parks I had to stifle a belly laugh Gore1FL Apr 2016 #79
My only comparison was that both were disruptive and both stood up for their beliefs despite Akicita Apr 2016 #82
Backpfeifengesicht Hassin Bin Sober Apr 2016 #53
Noun (rather colloquial) a face in need of a slap mahatmakanejeeves Apr 2016 #72
Students engaging in political debate by expressing support/opposition to candidates is a good thing Akicita Apr 2016 #55
If the make believe straw man girl came to disrupt her hat, she should be forced to remove her hat. Gore1FL Apr 2016 #78
Far from disruptive, political debate in high school is a good thing. It educates students on the Akicita Apr 2016 #94
That wasn't a debate it was a distraction. Gore1FL Apr 2016 #99
Is that the free speech zone? NT mahatmakanejeeves Apr 2016 #101
Minors don't have free speech. n/t Gore1FL Apr 2016 #102
What about an eighteen-year-old senior? Would he be able to wear the hat outside civics class? NT mahatmakanejeeves Apr 2016 #103
FFS. Not in school. Schools have rules . Rules your imaginary student chose to follow at 18. Gore1FL Apr 2016 #104
Agree with everything you said. romanic Apr 2016 #87
I think political debate in high school is good for students if it is done in a respectful manner. Akicita Apr 2016 #90
It's a necessity, isn't it? How does one even deal with American history without getting political? Yo_Mama Apr 2016 #113
“Thank God you can’t vote,” surfer2009 Apr 2016 #56
Would it be appropriate for a teacher to say that to an undocumented immigrant student who expressed Akicita Apr 2016 #58
You won't get a response philosslayer Apr 2016 #61
I for one am glad young teens can't vote. n/t Gore1FL Apr 2016 #80
So he has this right but no one else does? jwirr Apr 2016 #81
As far as I know any student at that school can wear a hat supporting their candidate of choice. Akicita Apr 2016 #83
There are many forms of freedom of speech. Remember that jwirr Apr 2016 #84
Debate and disagreeing - Yes, Taunting - No Akicita Apr 2016 #91
"Equality" lark Apr 2016 #100
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