Idgit;3998811 said:
It's not a free speech issue. Actually farting on someone can be considered harassment, and even assault.
Of course it's not a "free speech" issue, that only applies to protection from government, which is run on a whole different standard. I wasn't even referring to that. When speech is between two people it's more about property rights, torts, and crime. When not on your own property, it's illegal to stop another from expressing themselves unless it's in defense of yourself or others: they aren't your property to control.
As far as torts, you are correct that they could apply, but they weren't there in this case. Harassment, no. Assault, never ruled that way for a fart before, especially a fake one, not even when people fart near cops. He stopped after he knew those people no longer consented. If he had continued, then harassment would have been obvious.
For farting to ever be considered assault, you'll have to prove that flatulence has the potential to cause harm/damage. Other facets of the act of farting near people could be assault, though. If someone sprinted towards someone in a threatening manner, then stopped and farted, I'm not gonna dispute that, but the fart wasn't the assault.
A note about gases, other than a sick person intentionally coughing on people, the only gas coming out of humans to get that assault/battery distinction is second hand smoke, and that case revolved around stuff like particle size being shown to be larger than other gases/large enough to cause damage. I don't even think the evidence supports that case well anymore, but I may not be recalling the research correctly.
And I don't buy your argument that there's no point trying to determine what 'disrespect' is. This was disrespectful.
And I won't accept any arguments about appeals to what a majority considers respectful, because majority opinion isn't always right. I was just preempting the fallacious claim.
I also said nothing about farting not being disrespectul, just that being disrespected isn't justification to initiate violence.
We've officially left the realm of realistic discussion.
Obviously. Since when do people think that everything a person says and does isn't them expressing themselves? If it isn't them creating that speech, who/what is?
:laugh2:
If by civil you mean farting in someone's face and pretending that respect is some ambiguous concept, I'll gladly say bye-bye.
Strawman. I made no comment on the virtue of allowing farts when near others, only that a violent society would develop from allowing violence for basically any reason (variable standards of disrespect). But yes, I'll nut up and make the bold claim that allowing people to fart near others is more civil than allowing people to initiate violence for any reason.
And respect is very much ambiguous and constantly changing. It used to be disrespectful for blacks to make eye contact with whites, now it could be considered disrespectful if they don't (but applies for all people that just ignore you, really).
http://en.wikipedia.org/wiki/Sterquilinus Would it have been disrespectful to not smell of feces when worshipping that Roman god? I don't know, and am honestly interested.
Silly me.
And here I thought a civil society was one in which people showed respect to one another.
Not initiating violence in response to a non-violent/non-damaging act is showing respect for other's property rights in their person.
Well in all fairness, I was going to shart in your lunch and hide behind my right to free expression. I mean I think what you eat is really just gross and that's just my way of expressing myself. Can't you respect that?
That's just ridiculous. Do you honestly not recognize the difference between not touching someone while fake farting near them, versus touching their stuff so you can ruin said stuff? There are multiple infringements on property here that didn't occur in the case being discussed.
The case:
1) Nothing was touched.
2) Nothing was damaged.
Your strawman:
1) Property was touched.
2) Property received actual damage.