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re: Juvenile Arrested Over Racist Slurs Allegedly Hurled During Online Class

Posted on 5/31/21 at 11:49 am to
Posted by SECSolomonGrundy
Slaughter Swamp
Member since Jun 2012
18325 posts
Posted on 5/31/21 at 11:49 am to
Most states don't require a restraining order for a harassment charge. You just have to have told them to stop.


In Alabama the harassment statute covers obscene language directed at another with the intent to annoy, harass, or alarm.
Posted by David_DJS
Member since Aug 2005
22714 posts
Posted on 5/31/21 at 11:59 am to
quote:

In Alabama the harassment statute covers obscene language directed at another with the intent to annoy, harass, or alarm.

Does the statute make clear what's considered obscene? Like is there a list of words declared obscene?

Pretty amazing that someone can get arrested for annoying someone else. Bizarre, actually.
Posted by SECSolomonGrundy
Slaughter Swamp
Member since Jun 2012
18325 posts
Posted on 5/31/21 at 12:11 pm to
quote:

Does the statute make clear what's considered obscene? Like is there a list of words declared obscene?

Pretty amazing that someone can get arrested for annoying someone else. Bizarre, actually.



There is case law that says the language has to rise to the level of fighting words. Fighting words are basically defined as words that would cause a reasonable person to react in violence. It can be different in different communities.


As for the absurdity of the harassment statute, I always joke that most of my communication with my wife is meant to annoy, harass, or alarm. Hell if they take that away, all I've got left are excuses and apologies.
Posted by David_DJS
Member since Aug 2005
22714 posts
Posted on 5/31/21 at 12:26 pm to
quote:

There is case law that says the language has to rise to the level of fighting words

Crazy, and gives all sorts of room for interpretation, which is typically problematic in politically-driven law. Hell, fighting words today includes "all lives matter," "I'm not a racist" and "that's right, Casey, I do not believe you can get pregnant because you have balls" - clown world.
Posted by deathvalleytiger10
Member since Sep 2009
9283 posts
Posted on 5/31/21 at 12:30 pm to
quote:

Or the kids could just not call other kids racial slurs?


So you are against CRT, correct?
Posted by imjustafatkid
Alabama
Member since Dec 2011
65791 posts
Posted on 5/31/21 at 12:31 pm to
I would go bankrupt fighting this in court if this happened to my kid.

I'd get arrested for what I'd do after that.
Posted by hogcard1964
Alabama
Member since Jan 2017
19862 posts
Posted on 5/31/21 at 12:46 pm to
He'll be extremely rich soon.
Posted by dafif
Member since Jan 2019
8421 posts
Posted on 5/31/21 at 12:57 pm to
quote:

had a case not too long ago where I had to prosecute a guy for calling his neighbor a whore.


What state? That seems patently wrong on many levels. Can’t imagine why you would prosecute that
Posted by FlySaint
FL Panhandle
Member since May 2018
2557 posts
Posted on 5/31/21 at 12:58 pm to
Let’s hope so
Posted by LSUStar
Medellin
Member since Sep 2009
11405 posts
Posted on 5/31/21 at 1:01 pm to
More laws, more criminals.
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