this post was submitted on 27 Jun 2023
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[–] BeegYoshi@lemm.ee 30 points 1 year ago (18 children)

Completely insane ruling. Wild that Kagan went across the aisle for this.

the First Amendment requires proofs of mental state

So I guess it's basically impossible to convict anyone of anything involving speech? If I yell "fire" in a crowded theater, how can you prove I wasn't having a delusion that there was a fire? Maybe there was an explosion in the movie and I was so immersed I thought it was real!

Dude had previous convictions and spent years doing this harassing, it's not like this was an isolated mental break. Truly insane.

[–] GuyDudeman@beehaw.org 6 points 1 year ago (7 children)

This guy, given his behavior, should absolutely be in a facility where he can't do any harm.

However - I have known a few people with Tourette's over the years, and can absolutely say that mental state and abilities should play a factor in whether or not something that's done would violate the law.

Yelling "fire" in a crowded theater may not be something someone with tourette's can control. If that causes a stampede and people get trampled, that's not their fault, in my opinion.

[–] buckykat@lemmy.fmhy.ml 1 points 1 year ago (1 children)

Pretty sure tourettes doesn't make you create four new Facebook accounts

[–] GuyDudeman@beehaw.org 1 points 1 year ago

Maybe you overlooked where I said that this guy should be in a facility where he can't hurt anyone?

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