Larry Levy wrote:
William Robb wrote:
If you are walking down the street, and I am maintaining distance of 6 inches from your nose, I can spend my entire day screaming obscenities at you, should I so desire. Doesn't matter a whit whether you feel impinged upon, you're in a public place, and have no right to expect to be treated with any sort of dignity. And if you touch me, I'll sue your sorry ass for assault.
Somewhere in the history of US law, we determined that people do have the right to not be "assaulted" in the public.
Thus, your screaming obscenities at me from a close distance is "assault," and is actionable. Your actual physical contact is "battery," and also is actionable. Hence the term "assault and battery."
Uhhh, if HE creates an assault, and *I* create the battery, is it a wash, legally?
Larry in Dallas
Just wondering,
keith <g>
