4 ms·
Speech laws also requires the court to make a judgement on the intent of the perpetrator, the exact same expression can either be legal or illegal depending on
by tored 5y ago
Speech laws also requires the court to make a judgement on the intent of the perpetrator, the exact same expression can either be legal or illegal depending on intent.
- Barrin92 5y agoShooting someone can be illegal or legal based on the intent of the perpetrator, establishing the state of mind of someone accused of a crime isn't exactly a legal novelty
- tored 5y agoTrue, but the intent here is very subjective, the court basically has to fantasize about the perpetrators intent. And what it usually comes down to is if the perpetrator is "good" person or not. Speech laws invites courts to be subjective in their rulings.
- tikkabhuna 5y agoIsn’t that the entire point of mens rea in law? https://en.wikipedia.org/wiki/Mens_rea https://en.wikipedia.org/wiki/Mens_rea