One often hears some variant of the phrase "speech never justifies violence".
Is that true?
Morally, for some people, perhaps. Legally, not at all.
Imagine the following circumstance:
A man carrying a baseball bat approaches you. When he is within a few feet of you, you draw a concealed firearm and shoot him dead.
Was your action legally justified? Unless the man exhibited behavior that demonstrated an imminent threat to use the bat against you, absolutely not.
Now this:
A man carrying a baseball bat approaches you. When he is twenty feet away, he says "I'm going to bash your brains out." When he is within a few feet of you, you draw a concealed firearm and shoot him dead.
Was your action legally justified? Damn right.
What's the difference? His speech.
The essential requirements to justify the use of force in defense of self or others are generally considered three:
- Ability: the physical ability to cause great bodily harm, permanent injury, or death. A gun, knife, or club certainly qualifies, as would significant disparity of force (the potential attacker being larger, younger, fitter, or a group of people).
- Opportunity: the opportunity to apply that ability. A person with a club or knife who is 100 yards away has ability, but not opportunity. Likewise if there were a 20' fence between the attacker and potential victim.
- Jeopardy: behavior which a reasonable person would find imminently threatening. Brandishing a bat (when not playing a game in which the bat is used) might qualify depending upon circumstances. Repeated stabbing motions with a knife upon approach might qualify. A verbal threat to use force against you definitely qualifies.
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