this post was submitted on 27 Jun 2023
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Completely insane ruling. Wild that Kagan went across the aisle for this.
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.
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.
In that instance, I would say that they probably should have known the potential risks involved with putting themself in that situation.
So you're saying that people with disabilities should be excluded from society?