James Harden assaults fan for calling him a flopper, police do nothing

[Bucketgetter]

Obviously the fan didn't get assaulted, but Harden should be responsible for any damage to the phone. The fan was standing behind the railing, and he actually had the seat in that row. That's not trespassing lol. And you're 100% allowed to call someone a flopper. You can't just destroy someone's property because you're an NBA star.

[Big333223]

I don't know anything about the law but if someone is using their phone to record someone else without their permission while they heckle that person, it's totally fine with me if the first person gets the phone slapped out of their hands. Have some decency.

[Erik]

I don't know anything about the law but if someone is using their phone to record someone else without their permission while they heckle that person, it's totally fine with me if the first person gets the phone slapped out of their hands. Have some decency.

We don’t have to wonder. We all remember the malice at the palace. 5 players were charged with assault and sentenced to probation and community service.

“The law defines assault and battery as an unwanted touching that is done in a rude or angry manner. It can be as simple as shoving someone, blocking their way, spitting on them, grabbing someone's arm, throwing something (liquid or otherwise) at them, or even grabbing something out of their hand.”

Based on the last portion, I think the cell phone fits. It’s absoluely not ok to act violently because someone hurts your feelings. I think that the NBA should strike harshly and hand out suspensions. We don’t want fans to feel in danger for being fans.

[kozlodoev]

I don't know anything about the law but if someone is using their phone to record someone else without their permission while they heckle that person, it's totally fine with me if the first person gets the phone slapped out of their hands. Have some decency.

I'm pretty sure the law states it's a crime to destroy other people's property. I might be wrong though.

[CelticsElite]

Obviously the fan didn't get assaulted, but Harden should be responsible for any damage to the phone. The fan was standing behind the railing, and he actually had the seat in that row. That's not trespassing lol. And you're 100% allowed to call someone a flopper. You can't just destroy someone's property because you're an NBA star.

touching someone else like that generally constitutes assault

[CelticsElite]

I don't know anything about the law but if someone is using their phone to record someone else without their permission while they heckle that person, it's totally fine with me if the first person gets the phone slapped out of their hands. Have some decency.

I don't know what country you're from, but In the US we have many civil rights and freedoms. One of those freedoms is protected under the first amendment of the US constitution, it's called "freedom of the press" which protects citizens right to film/record in public places. (the arena is private but their rules allow filming). it's not just legally ok to do, its a civil right in the US. All the state's allow filming in public. If you slap someone's phone out of their hands, that generally satisfies the conditions of assault, vandalism of property, etc
In other countries like north Korea, activity like filming in public may not be allowed. But we don't live in a oppressive dictatorship

[kozlodoev]

I don't know anything about the law but if someone is using their phone to record someone else without their permission while they heckle that person, it's totally fine with me if the first person gets the phone slapped out of their hands. Have some decency.

I don't know what country you're from, but In the US we have many civil rights and freedoms. One of those freedoms is protected under the first amendment of the US constitution, it's called "freedom of the press" which protects citizens right to film/record in public places. (the arena is private but their rules allow filming). it's not just legally ok to do, its a civil right in the US. All the state's allow filming in public. If you slap someone's phone out of their hands, that generally satisfies the conditions of assault, vandalism of property, etc
In other countries like north Korea, activity like filming in public may not be allowed. But we don't live in a oppressive dictatorship

Photographing of private property that is open to the public (such as a mall, a concert venue, or, indeed, a sporting arena) can be restricted by the owner with or without formally posted notices. That is, if this person is instructed to stop videotaping, he should comply and his First Amendment rights will not be violated. And yes, if he refuses to comply he can be booted and if he refuses to comply again -- be guilty of criminal trespassing.

The rule you're describing applies to public properties and tourist attractions.

[Eja117]

At the same time, the fan was in an area he wasn’t supposed to be in.

My thought is if you get up into somebody’s face and harass them, a phone slap is pretty warranted.

if the $1000 phone was damaged, its ok because he was in an area he may not have supposed to be in?   Its just fair game to beat him up and break the fans  property?

I'm gonna go with yes in general. And the fan hardly got beat up

If he put his hand on the fan..he is paying more than $1000

He can afford it. And if the fan thinks he can get into places he's not supposed to be and troll world class athletes with no repercussions....good luck with that.

[Big333223]

lol

Lots of lawyers on this board.

[CelticsElite]

I don't know anything about the law but if someone is using their phone to record someone else without their permission while they heckle that person, it's totally fine with me if the first person gets the phone slapped out of their hands. Have some decency.

I don't know what country you're from, but In the US we have many civil rights and freedoms. One of those freedoms is protected under the first amendment of the US constitution, it's called "freedom of the press" which protects citizens right to film/record in public places. (the arena is private but their rules allow filming). it's not just legally ok to do, its a civil right in the US. All the state's allow filming in public. If you slap someone's phone out of their hands, that generally satisfies the conditions of assault, vandalism of property, etc
In other countries like north Korea, activity like filming in public may not be allowed. But we don't live in a oppressive dictatorship

Photographing of private property that is open to the public (such as a mall, a concert venue, or, indeed, a sporting arena) can be restricted by the owner with or without formally posted notices. That is, if this person is instructed to stop videotaping, he should comply and his First Amendment rights will not be violated. And yes, if he refuses to comply he can be booted and if he refuses to comply again -- be guilty of criminal trespassing.

The rule you're describing applies to public properties and tourist attractions.

I'm aware. You're not really contesting anything I said. I'm just letting the original poster know that they should have no expectation of privacy when out in public in the US


But importantly nothing you said justifies harden assaulting the fan   

[Erik]

I don't know anything about the law but if someone is using their phone to record someone else without their permission while they heckle that person, it's totally fine with me if the first person gets the phone slapped out of their hands. Have some decency.

I don't know what country you're from, but In the US we have many civil rights and freedoms. One of those freedoms is protected under the first amendment of the US constitution, it's called "freedom of the press" which protects citizens right to film/record in public places. (the arena is private but their rules allow filming). it's not just legally ok to do, its a civil right in the US. All the state's allow filming in public. If you slap someone's phone out of their hands, that generally satisfies the conditions of assault, vandalism of property, etc
In other countries like north Korea, activity like filming in public may not be allowed. But we don't live in a oppressive dictatorship

Photographing of private property that is open to the public (such as a mall, a concert venue, or, indeed, a sporting arena) can be restricted by the owner with or without formally posted notices. That is, if this person is instructed to stop videotaping, he should comply and his First Amendment rights will not be violated. And yes, if he refuses to comply he can be booted and if he refuses to comply again -- be guilty of criminal trespassing.

The rule you're describing applies to public properties and tourist attractions.

2 things to add to your post:

1) You are correct, you have no irrevokable right to freedom of anything on private property, but I seriously doubt he was asked to leave before he was assaulted... and
2) Even if he was asked to leave and didn't comply (which there is no evidence of this at all), Harden still can't hit him.

Any way you slice it, Harden is in the wrong. I know there are a lot of "tough guys" around life who act out violently when someone insults your <insert beloved figure>, but it doesn't provide for good society. Best thing to do is to ignore someone until there is a physical threat. Generally speaking, it takes people to reach full mental maturity (about 25) to accept and understand this and stop getting into fights over words. James Harden is 28. He should know better.

Given the NBA's history with player/fan violence, I should hope that Silver strikes down hard here.

[CelticsElite]

I don't know anything about the law but if someone is using their phone to record someone else without their permission while they heckle that person, it's totally fine with me if the first person gets the phone slapped out of their hands. Have some decency.

I don't know what country you're from, but In the US we have many civil rights and freedoms. One of those freedoms is protected under the first amendment of the US constitution, it's called "freedom of the press" which protects citizens right to film/record in public places. (the arena is private but their rules allow filming). it's not just legally ok to do, its a civil right in the US. All the state's allow filming in public. If you slap someone's phone out of their hands, that generally satisfies the conditions of assault, vandalism of property, etc
In other countries like north Korea, activity like filming in public may not be allowed. But we don't live in a oppressive dictatorship

Photographing of private property that is open to the public (such as a mall, a concert venue, or, indeed, a sporting arena) can be restricted by the owner with or without formally posted notices. That is, if this person is instructed to stop videotaping, he should comply and his First Amendment rights will not be violated. And yes, if he refuses to comply he can be booted and if he refuses to comply again -- be guilty of criminal trespassing.

The rule you're describing applies to public properties and tourist attractions.

2 things to add to your post:

1) You are correct, you have no right to freedom of anything on private property, but I seriously doubt he was asked to leave before he was assaulted... and
2) Even if he was asked to leave and didn't comply (which there is no evidence of this at all), Harden still can't hit him.

Any way you slice it, Harden is in the wrong. I know there are a lot of "tough guys" around life who act out violently when someone insults your <insert beloved figure>, but it doesn't provide for good society. Best thing to do is to ignore someone until there is a physical threat. Generally speaking, it takes people to reach full mental maturity (about 25) to accept and understand this and stop getting into fights over words. James Harden is 28. He should know better.

TP


This is what I was trying to get across. touching other people is out of bounds and not justified.

[Bucketgetter]

At the same time, the fan was in an area he wasn’t supposed to be in.

My thought is if you get up into somebody’s face and harass them, a phone slap is pretty warranted.

if the $1000 phone was damaged, its ok because he was in an area he may not have supposed to be in?   Its just fair game to beat him up and break the fans  property?

I'm gonna go with yes in general. And the fan hardly got beat up

If he put his hand on the fan..he is paying more than $1000

He can afford it. And if the fan thinks he can get into places he's not supposed to be and troll world class athletes with no repercussions....good luck with that.

Lol. Being a world class athlete doesn't cancel out freedom of speech. You can actually call anyone a flopper without any repercussions.

And can someone tell me why the fan wasn't suppose to be there? It seems like that was just the cops excuse for what Harden did, because obviously the cop isn't going to arrest Harden or anything before the game.

But the fan was BEHIND the railing. That is exactly where he is suppose to be, especially since his seat was right there! I used to go down to railing by the tunnel all the time to try to get autographs, and my seat wouldn't be anywhere near there. I would come from the upper deck.

[CapnDunks]

Is this a joke? Harden should have been more mature, but this is a non-incident.

Harden should be more mature. The fan should be smarter.

Maybe it's just me but I think there's a difference between heckling as part of a crowd during the game and personally getting in a players face as they walk to the tunnel. If you insult someone to their face/physically get in their face you can't be surprised when you illicit a reaction. That clearly is the point.

I don't think being a professional athlete means you're required to have super-human self control. Should you ever react violently? No.

Should you expect that you can do and say whatever you want to someone and they will take it with perfect grace just because they're an athlete? No.

PS: I do not like James Harden.

[Eja117]

At the same time, the fan was in an area he wasn’t supposed to be in.

My thought is if you get up into somebody’s face and harass them, a phone slap is pretty warranted.

if the $1000 phone was damaged, its ok because he was in an area he may not have supposed to be in?   Its just fair game to beat him up and break the fans  property?

I'm gonna go with yes in general. And the fan hardly got beat up

If he put his hand on the fan..he is paying more than $1000

He can afford it. And if the fan thinks he can get into places he's not supposed to be and troll world class athletes with no repercussions....good luck with that.

Lol. Being a world class athlete doesn't cancel out freedom of speech. You can actually call anyone a flopper without any repercussions.

And can someone tell me why the fan wasn't suppose to be there? It seems like that was just the cops excuse for what Harden did, because obviously the cop isn't going to arrest Harden or anything before the game.

But the fan was BEHIND the railing. That is exactly where he is suppose to be, especially since his seat was right there! I used to go down to railing by the tunnel all the time to try to get autographs, and my seat wouldn't be anywhere near there. I would come from the upper deck.

I'm not talking about online trolling.

It seems his hand and camera weren't behind the railing. And then yelling at the dude....I mean hey....go ahead. Sue or something. See what happens.