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Discretion or Darwin

I saw a cute bumpersticker on the ride I just got back from: "America is Freedom of Speech, if you don't like it get the *expletive deleted* out!"

 

Nice sentiment I'm certain but there is such a thing as discretion regarding other people's rights and sensibilities.  If you don't like what I write, if you don't agree with it you can ignore it, yet if I follow you around to make sure I can use my "right" to free speech on you whether you like it or not I can get arrested on a variety of charges.

 

Discretion or Darwin Award -- case in point.  I once worked with a lovely lady (she had a beautiful smoky singing voice) and she related how her brother had been arrested and tried for murder.

 

According to the prosecutor the "victim" was a sweet innocent young man unfairly cut down too young by a heartless beast, leaving the "victim's" loving family bereft of its sole wage earner.

 

According to the police record the "victim" had been arrested numerous times for: possession of drugs, possession of controlled substances with intent to distribute, battery, assault, armed robbery, rape, aggravated assault.

 

According to witnesses, the "victim" went to the defendent's home with a 9 mm semi-auto pistol stuck behind his belt.  The defendent and family had guests over and the "victim" had not been invited.  The "victim" proceeded to tell the defendent he owned him and his family, went into graphic detail about what he was going to do to the defendent's wife and daughters, then told him there was nothing the defendent could do about it because he was owned.  The defendent told the "victim" to leave and not come back and the "victim" refused.

 

The defendent went inside his house, asked one of the guests to call 911, then went back outside with a loaded 12 guage shotgun which he kept pointed up in the air.  The defendent told the "victim" to leave again, the "victim" replied with an expletive and pulled his 9 mm from behind his belt and pointed it at the defendent.  The defendent told the man to put the pistol away and the victim fired a shot into the ground at the defendent's feet.  The "victim" ran afoul of a load of buckshot as he was raising his pistol.

 

The jury deliberated for ten minutes and reached a verdict of "Not Guilty", the "victim's" family tried to sue for Wrongful Death and lost.

 

Did the "victim" have a right to free speech?  Of course. 

 

Did the "victim's" right to free speech override everyone else's right to not have to listen?  Obviously not.

 

Did the defendent once acquited walk out of the courtroom laughing?  No, the man kept repeating how he wished the cops could have gotten there earlier or kept the "victim" away from his home.

 

So whenever people want to scream about "...you have to listen to me you have no choice..." they need to stop to actually think about how actions always have consequences, and often enough those consequences can be fairly severe.

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