> Facebook said it would "still remove content that celebrates the death of the individuals killed in Kenosha". But "we will no longer remove content containing praise or support of Rittenhouse", a spokesperson said.
To be clear, for a year, Facebook banned content that would have been consistent with what an impartial jury ultimately found about the case. Which would have corrected a misleading media narrative about the situation.
The NYT has a good video of what happened with Rittenhouse: https://www.nytimes.com/video/us/100000007409660/kyle-ritten.... Apart from the voice overs, it’s nearly identical to the pro-Rittenhouse videos circulating back in 2020. If you watched these videos, the jury verdict would have been totally unsurprising to you.
I had followed the case since the beginning. Having watched the videos, it was plainly obvious that in each case, Rittenhouse was acting in self-defense. (Intriguingly, many pro-Rittenhouse voices were arguing that he was guilty of the gun charge, though some were a bit more eagle-eyed and read the statute the way the judge ultimately did when he dismissed it.)
The interesting thing about Rittenhouse is that even despite the NYT telling the truth through their video analysis, the rest of the press and tech monopolies ratcheted the story in one direction: that Rittenhouse was a "mass shooter" who was carrying out a white supremacist terrorist attack.
During the trial, my overlapping bubbles either had seen the videos and/or watched the trial and believed him innocent, or had only read the media reports, and believed him guilty.
Given the weird nature of this case, and how only one viewpoint about it was allowed on social media, I wonder if that constitutes defamation on the part of the social media companies, since they were in practice making an editorial decision that he was bad.
That said, I doubt any courts would ever actually find that section 230 does not shield tech monopolies when they do this, but I am curious.
Not a lawyer, but I find it highly improbably that section 230 would shield them in this case. It's trivial to think of a scenario where the removal of information constitutes the production of a message, and in that scenario, the information is not itself produced by third parties using a platform, but by the platform itself.
Like, if I write a note that reads: "The President of the United States should morn those that die of COVID." And the note is posted by someone else with "morn those that" removed, they can no longer point to me as the producer of the message. Likewise if video footage is edited to show a different story than reality, the person that did the editing is culpable for the resulting hoax, not the videographer. I think the same applies to editing information produced by multiple other people. The moment you edit information to conform to a certain narrative, you are then the source of that new narrative. In that way, I think Facebook, though they were editing the information available on their platform, are in fact the source of a new narrative that exists in the negative space of their editing.
It would indeed be super interesting to see this argued in court. It would make a really good balance to the free reign that platforms have now to curtail certain messages or information. If they were responsible for the story the surviving information creates, it would make them tread more carefully when censoring users.
Generally speaking the court doesn’t rule on actual situations based on hypotheticals, unless they are creating a bright line rule that would clearly fall apart under plausible scenarios.
Rittenhouse shot and killed 2 people, and shot and injured a third.
Both of the men Rittenhouse killed were unarmed.
I accept that every shot Rittenhouse fired fell within the framework of self-defence under the law. I also accept that he did have a legal right to be in Kenosha.
Whether he had a legal right to be carrying the gun or not is a little more contentious. Although his possession of the gun was in line with the letter of the law, it seems likely from the wording that the exception was intended to apply to minors hunting and is poorly written, rather than an intentional decision to allow 17 year olds to carry AR-15s. Poorly worded laws are read in favour of the defence, which is why the gun charge was dropped. He likely would not have been allowed to buy or possess the gun in his home state.
But whatever the legality, I don't think it's right that a guy can go tooled up to another city, kill two unarmed people, and pose for celebratory photos with white supremacists afterwards.
The flow of information today is too fast to wait for definitive, legal judgements on every case, and balancing free speech, opinion, and commentary against spreading false news and inciting hatred is an incredibly challenging task. In the aftermath of the shooting, it seems Facebook implemented their 'mass shooting' playbook, which is, from my perspective, completely reasonable.
Facebook choosing not to allow praise or support for a killer is, in my opinion, sensible and logical. Once it became clear that the killings were not illegal, then Facebook removed these restrictions. I'm not exactly an ardent defender of Facebook's policies, but in this case, especially given that none of the facts are in contention, I think Facebook did the right thing.
Am I understanding correctly that you believe because the two people attacking him were unarmed, he did not have the right to shoot them? You say you "accept" it was lawful, but it doesn't seem like you believe it should be.
I wonder if two "unarmed" people were attacking you, would you just let them beat you to death? I can't understand this train of thought at all.
One was "unarmed" with a blunt weapon and the other threatened to kill Kyle prior to his attempt to steal his gun. Had Kyle not shot him, he rapidly would've became armed.
I commented elsewhere on 'unarmed' and how it relates to Huber's skateboard.
With regards to your point about Rosenbaum, I don't disagree. But the fact remains that the only weapon in that interaction was Rittenhouse's (unless you count a bag of underpants).
> But the fact remains that the only weapon in that interaction was Rittenhouse's (unless you count a bag of underpants).
What about the 3rd assailant who admitted on the stand to pulling a gun and aiming it prior to being shot, or the man in the mob (that mob was shouting "get him" may I add) who unloaded a magazine into the air during the incident?
Grosskreutz shouldn't have had a gun either (his concealed carry permit had expired), but at the end of the day he didn't kill anyone, which sort of sets him apart.
I'm not trying to say that the people Rittenhouse shot at were angels. But none of them killed anyone.
They attempted to kill Kyle, but he defended himself. The reason Kyle wasn't murdered is not due to their sense of morals but instead their incompetence as combatants. It seems the rioters had more experience assaulting women and children and were ill equiped to assault a young man.
> They attempted to kill Kyle, but he defended himself.
Again, not trying to paint these guys as angels, but it does not seem that this is correct:
- the 'mob' chasing Rittenhouse that led eventually to him opening fire on Rosenbaum were shouting 'get him', and may even have shouted 'kill him'. We know that at least one of these people had a gun, but this gun was fired up into the air, rather than at Rittenhouse, and Rosenbaum threw a bag of clothes at Rittenhouse. Yes, Rosenbaum was approaching Rittenhouse, and Rittenhouse was probably scared, but it doesn't look like Rosenbaum was about to kill him.
- Huber's half-hearted hit with the skateboard hardly seems like the kind of force he could have mustered if his intent were to smash Rittenhouse's head in (it also seems from the video as though Huber was already moving away from Rittenhouse by the time Rittenhouse shot him)
- Grosskreutz approached Rittenhouse with his pistol drawn and pointed at Rittenhouse, but did not fire at him, instead opting to try to disarm him. If he'd been trying to kill him, he'd have had the chance to do so.
I think if readers compare our arguments they will be able to come to their own conclusions. I feel I have sufficiently made my case and don't believe I can offer you anything that would change your mind.
To be honest, I'm not sure there are many people left (certainly here on HN) who haven't already looked at the evidence themselves and come to one conclusion or another.
Thanks for the discussion though, always interesting to hear someone else's point of view, even more so when neither of us has any different facts to the other.
Dude what is the matter with you. Did you really just try to rationalize a grown man hitting a child with a skateboard as being done half-heartedly?
Anyone stupid enough to charge someone carrying a weapon is not the kinda person you wanna take a chance being in close proximity with. You expect him to just stand there and take a beating? Or try to talk it out while the mob is threatening to kill him. How much time should he spend analyzing the situation?
Feel free to stand around and get beat down by a mob while you try to explain yourself. I think the rest of us would rather deal with a jury.
Maybe half-hearted was a poor choice of words, but the video clearly shows the skateboard hit, and it is obvious that Huber was capable of swinging much harder and did not.
Maybe children shouldn't have guns. Maybe children shouldn't get themselves into situations where they feel the only way they can survive is to shoot and kill people.
Why would Huber half-heartedly swing the skateboard?
If he believed Kyle was an active shooter why would he "pull" his punches so to speak. If he didn't believe Kyle was an active shooter than he didn't have any reasons to attack and disarm him.
That's a good question, and it's a shame we can't ask him.
My personal opinion is that he wasn't trying to use the skateboard as a weapon, he was trying to use it as a shield, or to give him a bigger surface to push the gun with.
Either that or that the idea came to him too late to swing fully.
Those are both good questions though, and I don't have answers to either.
I think that's an overly reductive expression of my opinion, which is perhaps why you're struggling to follow.
I think it is incredibly likely that if Rittenhouse did not have a gun, then the two people he killed would still be alive, and I find it unlikely that Rittenhouse would be dead today.
You are correct that I don't believe that these specific circumstances that led to these deaths should be legal.
I don't believe all attempts to defend oneself are wrong, nor do I believe that it's inherently wrong to use 'unbalanced' force in the context of self-defence (ie: just because someone is unarmed does not mean that you should never use deadly force against them).
My opinion is that he had a gun he shouldn't have had, was in a place he shouldn't have been, causing trouble he shouldn't have been involved in, and killed two people who shouldn't have died.
Let’s say you carry a gun. Someone attempts to rape you. Nobody is likely to die. Your argument says that you should just be raped.
There’s a case (I think it might still be pending) about a drunk guy who hits someone one time and kills them. I’ve seen a video of a kid hitting his friend and killing them. In fact, a lot of people have died from being hit just one time the wrong way.
Even if he weren’t armed, Rosenbaum still chases him down. Rosenbaum’s buddy Zaminski had a gun too. If they’d pinned him down, they might have shot him given all the trouble they went through to ambush him.
Also, Grosskreutz is interesting. He ran down Rittenhouse while pulling a gun. At the same time, he testified he had no reason to believe Rittenhouse had shot anyone.
Mob mentality is crazy. Loads of people have died at the hands of unarmed mobs. Any individual would never hurt anyone else, but together, the mob mentality results in something terrible happens.
> I don't believe all attempts to defend oneself are wrong, nor do I believe that it's inherently wrong to use 'unbalanced' force in the context of self-defence (ie: just because someone is unarmed does not mean that you should never use deadly force against them).
Your other points are all good and interesting - one in particular caught my eye:
> If they’d pinned him down, they might have shot him
That's true, but they might not have. You can't just go around shooting people because you're afraid that their friend might come and shoot you.
> That's true, but they might not have. You can't just go around shooting people because you're afraid that their friend might come and shoot you.
He wasn't worried about that. He was worried about they guy trying to grab the gun in his hands (as proven due to the powder stippling on half of Rosenbaum's hand).
We've got the Joker just released from the mental hospital. He beats up the woman he's supposed to love and He's trying to burn down the city. How much self control will he have toward a complete stranger who is foiling his plans?
You seem to be arguing that there's nothing to fear in this situation.
What other options are there once the situation is inevitable?
The last line is just your opinion, and clearly Rittenhouse disagreed. If it's not illegal for me to be somewhere, then I have the right to be there, and I can choose to exercise that right.
This is a really interesting point, and I've thought about this a little bit to try and understand why I think these are not analogous.
I would probably think that a potential rape victim who successfully defended him or herself was justified in doing so.
But there is a scale.
You can't go and stand on the sidelines at an orgy, then shoot anyone who looks at you funny. You can't go and shoot someone who offers to buy you a drink on the off-chance they might slip a roofie in it. You can't just turn around and shoot someone who is walking behind you in case they might be a rapist. On the other hand, if you shoot a guy who tries to drag you into his car, that's pretty clearly a sensible defence.
There are grey areas here too. What if a guy runs up behind you and you spin around and shoot, and it turns out you'd left your phone at the bar, and he was trying to catch up and give it to you.
> 'legal, but risky and potentially foolhardy'
This does describe both 'drinking a lot' and 'going with a gun to a riot', but I don't think it does justice to the differences between the behaviours.
Drinking too much, wearing short skirts, etc. does not imply any kind of consideration of consequences. Bringing a gun to a riot DOES. It shows that Rittenhouse was aware of the increased likelihood of violence, and had already decided that he was prepared to respond with deadly force.
Out of interest, with regards to Huber and Grosskreutz, do you believe that they were also justified in trying to defend against what seemed at the time to be an active shooter?
Agreed. You're in luck here, as I've actually just rewatched the Fox clip of Grosskreutz's court appearance just before I saw this, and cross referenced it with the NYT visual investigation just to account for selective clipping.
In this case, I would argue that the scale is proportionate. As to why I believe so, lets go over what happened post Rosenbaum.
In the initial confrontation, Rittenhouse retreats, trips and falls to the ground. Huber hits Rittenhouse with a skateboard and gets shot in the chest. Grosskreutz then advances with his gun, then gets shot as well.
Why do I consider this proportionate? First: Rittenhouse made an attempt to retreat. Only after the first physical attack (skateboard) and an attempted disarming, did Rittenhouse fire. After which, as per Grosskreutz's own admission, Rittenhouse did not fire when he backed off with his arms raised. Only after he ~returned to a firing position~ lowered his firearm and advanced did Rittenhouse fire on him as well. As he was armed and advancing with a firearm, I'd consider that a proportional response.
>Out of interest, with regards to Huber and Grosskreutz, do you believe that they were also justified in trying to defend against what seemed at the time to be an active shooter?
Apologies, I'm not too sure of the context before that as I've only personally seen the bit where Rosenbaum was chasing Rittenhouse. However, if Huber and Grosskreutz did believe that they had an active shooter, they might ALSO be justified. Both sides here may have a sufficient justification in this case.
However, in my opinion, and this is contingent on the accuracy of the NYT's report and the above assumption of "active shooter", the only ones who weren't justified, and are thus the root cause, are Rosenbaum, who unilaterally attacked Rittenhouse, and whoever that idiot shooting a pistol into the sky while Rosenbaum was chasing Rittenhouse was.
There's of course more to this, but I'll leave it open for response.
Also, thanks for keeping it civil, it's much appreciated when discussing this sort of controversial topic.
> Rosenbaum, who unilaterally attacked Rittenhouse
I don't think it's been clearly established why Rosenbaum attacked Rittenhouse. Rittenhouse's testimony on this sounds hollow and unlikely, and the narrative that Rosenbaum was unhinged after getting out of hospital doesn't quite tally with the fact that there were people with him - he wasn't a lone actor here.
It seems incredibly unlikely that there wasn't some sort of verbal provocation from Rittenhouse's side. As I mentioned in another comment, the drone footage shows Rittenhouse pointing his gun at Rosenbaum while Rosenbaum is still 20 feet away from him. To my mind, it's far from certain that this was the first time Rittenhouse pointed his gun at Rosenbaum, but we'll never know.
Now to my main point:
> In this case, I would argue that the scale is proportionate.
If I think to how I personally would have acted in Rittenhouse's position from the moment Rosenbaum threw the bag at him, I think I would probably also have been in a state of adrenaline-fueled panic, and I would have probably made very similar choices.
I don't really have any arguments that Rittenhouse only fired his gun at people he (reasonably, whether rightly or wrongly) believed were attacking him. I do think it's a stretch to think that they were all trying to kill him, particularly Huber (is this further evidence to support my hypothesis above that maybe Rittenhouse escalated the lesser threats of being disarmed or of being detained to threats of deadly force? Hard to say).
To be honest, I think things started to go wrong a lot earlier than that though. He chose to go to a location where he was expecting people to get injured, brought a gun with him, and associated himself with a band of people who believed that they were some kind of private security force.
No-one died that night (or any other night of the unrest) apart from the people Rittenhouse killed, there were no other reported injuries from gunshots, no mob attacks[0], which makes it seem relatively unlikely that anyone would have died if Rittenhouse had not been there, or had not brought his AR-15.
Whatever the ins and outs and the specifics of the case might be, I still think that Facebook were right to err on the side of caution here - technically he may not have committed a crime, but he still killed people, and although the doctrine of 'innocent until proven guilty' holds, his 'innocence' hung on an affirmative defence, which sort of swings it the other way to a certain extent.
[0]: I gather there were some minor injuries to a firefighter and a police officer, but couldn't find details on the circumstances.
>It seems incredibly unlikely that there wasn't some sort of verbal provocation from Rittenhouse's side.
At that time tempers were already flaring nationwide and I find both the above, as well as it's inverse, plausible. Most likely, both sides were clashing, as is oft the case in situations as volatile as this.
Returning to the NYT's video of Rosenbaum, there's a few things to note. One, that he was potentially mentally ill (relevant?), and two, he was directly antagonizing the "militia", sufficiently so that the other protestors felt it necessary to stop him [1].
In the later part, of the same video (note that there's a cut though), Rosenbaum seemingly suddenly pursues[2] and continues chasing. Only after he gets quite close (in my opinion; 18:04 or so), do we hear the first shots. There could be a hypothetical in between to fill in the gap, but given the available evidence that I'd observed, I gave more credence to Rosenbaum ultimately initiating.
>To be honest, I think things started to go wrong a lot earlier than that though. ...
So, I think that while I'd agree with you that yes, the problem started long before the first shot, I would think that it's better to evaluate it at point of firing. Otherwise we'd be chasing this rabbit hole till the end of time.
The protestors and rioters shouldn't have been there earlier as curfews were in place, and the police should have been enforcing law. The side arguments of open carry vs gun ownership and the inherent lethality increase a gun brings to any conflict, all the way to "gun rights". These arguments however are all applicable to the situation but are far more general, and I feel, a too tempting distraction.
I thus divide these into two different questions (or more, if necessary) so they can be addressed piecemeal. 1: At the time of firing, was Rittenhouse justified. 2: All the other bits and bobs about the context of the situation and who should have been there.
For the first, I've continued to make my case above, while for the second (rest?), this comment is long enough as it is, and I'll leave it open for now if you want to pick that one up.
><On facebook's topic ban>
This one is a bit more dear an issue to me, being a question of speech rights. But it's also one of those which I haven't come to anything solid. However, picturing myself in that situation, I'd be aghast to have a whole pile of media flaming me and having whatever scant opposition to that narrative literally blocked.
EDIT:
Oops, I missed your line on Rittenhouse's belief in his immediate danger. I think we've already come to the same conclusion in a different thread in which the government, and it's dereliction of it's duty to maintain order is probably the one who should be most at fault (correct me if I've misplaced your position).
Again, we see a part of the story here which definitely supports that interpretation. There's also a part of the video you linked to which (I believe) shows the police asking the 'militia' not to point their guns at people[0], which to me suggests that they had been doing this prior to the request from the police. I think it's impossible to know whether Rosenbaum's behaviour was in response to some (perceived?) aggression against him in the first place.
> I gave more credence to Rosenbaum ultimately initiating.
Potentially. However, Rittenhouse is running, with his gun, towards a location where Rosenbaum's 'side' are up to something. Maybe Rosenbaum believes Rittenhouse is going to go and shoot some of the other protestors (or vandals, whatever), and that's why he starts chasing. As you say, it's a long chain back to where the first 'provocation' may have happened. It's clear that the situation developed over the course of the whole day, rather than in the 15 seconds leading up to the killings.
> I'd be aghast to have a whole pile of media flaming me and having whatever scant opposition to that narrative literally blocked
Yes, but at the end of the day, you shot and killed not just one person, but two. The president of the USA was publicly in his corner[1]. I'm not sure I'd say that the opposition to the narrative was blocked, it was just against Facebook's policies. They get slammed when they don't react quickly enough[2], strongly enough[3], etc., and then they get slammed when they do take stronger action, so frankly it's hard to see how they could get it right. I get the free speech implications, but if your only forum for free speech is through Facebook, we have much worse problems in society than whether they allow you to post 'Rittenhouse is a hero' or not.
> the government [...] should be most at fault
That's a pretty accurate summary of my position. Failing to properly maintain order led to the formation of vigilante groups (and it seems these were even encouraged by law enforcement), which ultimately led to the clashes which resulted in Rosenbaum and Huber's deaths.
> Out of interest, with regards to Huber and Grosskreutz, do you believe that they were also justified in trying to defend against what seemed at the time to be an active shooter?
Grosskreutz stated outright during the trial that he had no reason to believe Rittenhouse had shot anyone. Despite this, there is video of him pulling his gun while he was chasing Rittenhouse down. Maybe this was just mob mentality Maybe this is because he was associated with violent revolutionary groups to the point that he was invited to speak at their rallies.
If going to a riot with a gun is stupid, chasing a guy with a gun is at least as stupid. The fact that he was running toward where EVERYONE knew the police were lined up makes this even more strange. Why risk your life when you can corral the shooter into the police?
Have you watched the entire testimony? On cross, he contradicts almost everything he said on direct questioning.
2:11:20 -- Grosskreutz denies he was chasing Rittenhouse.
2:23:30 -- he establishes that when he saw Rittenhouse, he was just helping people
2:27:00 -- he says he believed there was an active shooter, but had no information about who it was and apparently had no way to say why he believed this to be the case.
On the video Grosskreutz was taking with his camera, it is shown that Rittenhouse says that he is going to the police. Grosskreutz claims he though Rittenhouse said "he shot first" even though they sound absolutely nothing alike.
2:30:00 -- he says he was NOT chasing Rittenhouse. Instead, he just happened to be coincidentally pulling his gun while he happened running in the same direction. At the same time, he says he was running that direction because Rittenhouse was. Make of this inconsistency what you will.
2:31:00 -- he sees people mobbing Rittenhouse
2:32:00 -- he says he was concerned about Rittenhouse's safety. This DIRECTLY argues against the idea he believed Rittenhouse was an active shooter.
2:35:00 -- he believed Rittenhouse was in physical danger (even though he just denied seeing jump kick man kick Rittenhouse)
2:36:00 -- he says Huber was slinging his skateboard by the trucks (note: a skateboard is 11 pounds while a baseball bat is only 2 pounds). He says that as a medic, this concerned him. He says he believed Rittenhouse was in danger of head trauma and being seriously hurt. He even claimed in his police report that he told Huber to stop hitting Rittenhouse (though he says in hindsight this was untrue). Once again, there is no reason for concern if he believed Rittenhouse was a dangerous active shooter.
2:37:30 -- he claimed to the police that Rittenhouse just shot him. He completely left out that he had a gun and was advancing and that no shots were fired when he put his hands up.
2:38:30 -- he claims the anesthesia somehow made him forget about the gun while still allowing him to remember everything else with perfect clarity.
2:44:00 -- delving into prosecutorial misconduct where the prosecutors suddenly decided to tell the detectives not to execute a search warrant (they don't want Brady evidence is my read given all the other misconduct allegations).
2:48:00 -- he testifies that EVERYONE who put up their hands and backed off -- even the guy with a club -- do NOT get shot. Once again, this is not what an active shooter does.
2:51:30 -- the point where the prosecution lost case. He contradicts his testimony to the prosecutor in the face of an image of his bicep being vaporized (his word) while his gun is pointed directly at Rittenhouse's head.
Don’t get me wrong, he makes a lot of mistakes, contradicts himself all over the place, and is generally not what I would call a reliable witness by any stretch of the imagination, but I can’t find anywhere where he said that he had no reason to believe Rittenhouse had shot anyone.
I admit though that I’ve only seen the highlights of the cross, which I why I asked for a link.
I might go away and watch the rest of cross this evening.
> My opinion is that he had a gun he shouldn't have had, was in a place he shouldn't have been, causing trouble he shouldn't have been involved in, and killed two people who shouldn't have died.
He had a gun he had a right to have, in a place he had a right to be, at a protest that he had a right to be involved in as much as the protesters, and killed two people rightfully in self defense. What's the problem here? If people don't want to be killed, I would recommend they don't chase down an armed man and imminently threaten his life.
> I would recommend they don't chase down an armed man and imminently threaten his life
I think Rittenhouse had reason to fear for his life, but I don't agree with the statement that they were imminently threatening his life as a fact.
It may be true that Rosenbaum had threatened Rittenhouse's life. But neither Huber nor Grosskreutz had done so.
You may ask whether Grosskreutz pointing his gun at Rittenhouse constitutes threatening his life, and the answer to that is... maybe? But if the fact alone of pointing a gun at someone is threatening someone's life, then we have to rewind and look at whether Rosenbaum had reason to fear for his life.
We have video evidence of Rittenhouse pointing his gun at Rosenbaum while Rosenbaum is still at least 20 feet away.
> My opinion is that he had a gun he shouldn't have had, was in a place he shouldn't have been, causing trouble he shouldn't have been involved in, and killed two people who shouldn't have died.
As it turns out, none of that is illegal.
Well put, I disagree only with your last sentence, unless cynical. I think prosecution made a mistake going after intentional homicide charges. All resources and focus should have been on a successful felony gun conviction. Only then should the prosecutor turned to felony murder charges. Even with the jury's finding, the judge should have partially overturned the jury's finding, and found guilty on lesser but included charges to ensure at least a few years of incarceration.
I don't think that judges should be allowed to overrule juries. You can see how many individual opinions there are in this thread - do you think any one of us in isolation should be allowed to make that decision?
The intentional homicide charge was the right thing for the state to do, but I also think it was right he was found not guilty.
Based on the law as it's written, I don't think there's anything that Rittenhouse could actually have been charged with that he could have been found guilty of (except possibly the dismissed curfew violation charge). I just can't reconcile that with the fact that a kid took a gun to a protest and killed two people, which I think almost everyone would agree is not a good outcome for society (although I know there have been discussions about the value of human life around Rosenbaum particularly).
So, that's illegal, for one thing. Judges can overrule the jury in a civil case, and only if they determine that "no reasonable jury could have reached the given verdict". However, that's null here, as this is a Criminal case. The judge should not, and thankfully cannot overrule the jury here, as that's a violation of the accused's 5th amendment rights.
I'd also have to ask. The jury, with more exposure to the evidence than anyone else here found him not guilty. What exceptional case/point would you make to say that would show Rittenhouse's guilt "beyond a reasonable doubt". Furthermore, the maximal, and I mean maximal, punishment for the misdemeanor is 9 months, far less than the few years you suggest.
I agree that Kyle was in a place he should not have been. As to causing trouble, I agree with that, thought may others might not. It must also be stated that the people who engaged with him were also in a place they should not have been in and were also in the process of causing some mischief.
All of this just leads me to believe that no one of "good quality" shows up to those events with the idea of causing excess trouble (outside of peacefully demonstrating). How else could it be that the three people who he shot had vast criminal back grounds (which don't apply to his self defense because he did not know about the criminal history when he was shooting them) being that of a child molester and domestic abusers and Kyle himself was on video beating up some girl.
When bad situations happen amongst a crowd of people, the "good quality" people see themselves out and try to leave while the "bad quality" people get hype and try to instigate further.
Wisconsin defines a deadly weapon (actually they use the term 'dangerous weapon') as "any firearm, whether loaded or unloaded; any device designed as a weapon [...] or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm."
You might say that the skateboard was 'likely to produce great bodily harm in the manner it was used', which I think is plausible, although clearly Huber was not skilled in using his skateboard in this way.
I would point out though that it would be *completely wrong* to say that Huber was 'armed' because he was carrying a skateboard. Although he did hit Rittenhouse with it, it doesn't seem as he was carrying the skateboard as a weapon, it was just an opportunistic usage.
I would agree that Rittenhouse would be justified to believe that, yes.
Although I would say that the way Huber hit Rittenhouse with the skateboard doesn't really seem as though it's intended to kill or seriously injure, it seems more like he's using it to try to push the assault rifle away from him.
I think I’ve put quite a lot of time and effort into responding in good faith to everyone who has entered into discussion with me, so I find your comment a bit rude to be honest.
With regards to your specific point, my very next phrase explains what I see in the video instead of an intention to kill or seriously injure.
You might disagree, which is your right, but please don’t accuse me of not arguing in good faith.
He attacked Rittenhouse when Rittenhouse was fallen on the ground surrounded by multiple people running after him and attacking him. The situation was extremely violent: it was during a violent riot that tried to blow up a gas station. At least one of the people attacking him was armed with a handgun and multiple people were armed with baseball bats. At least one of the attackers was a convicted child molester.
It's pretty clear the attacker was part of the attempted beating of Rittenhouse. You wrote it seems like he was just "using it to try to push the assault rifle away from him" to justify the attacker's actions, but you failed to mention the obvious consequence that Rittenhouse would die / be beat up had the attacker succeeded in disarming Rittenhouse.
He hit Rittenhouse with his board, sure. Whether it was attack or defence is questionable.
> that tried to blow up a gas station
Can you support this with evidence? I haven’t seen anything that suggests they were trying to blow up the gas station.
> one of the attackers was a convicted child molester
Disgraceful but ultimately irrelevant, unless you think that Rittenhouse knew that and acted on his knowledge.
> attempted beating [… with] the obvious consequence that Rittenhouse would die / be beat up had the attacker succeeded in disarming Rittenhouse.
This is not obvious by a long shot, although it is possible. The police were a few hundred yards down the road, and it is plausible that Rittenhouse would have been held on the ground until police arrived, or marched down to the police, etc.
I have seen the footage and I stand by what I said. If Huber’s intention was to kill or seriously injure Rittenhouse, he would have swung harder and from further away. From 0:14 in your linked video, you can see Huber approaching with his skateboard held at waist height, almost as though he has forgotten he’s carrying it. Others have made a big point about how heavy a skateboard is, but Huber doesn’t leverage any of that weight, by swinging it, he instead sort of jabs with it.
> He hit Rittenhouse with his board, sure. Whether it was attack or defence is questionable.
Rittenhouse was running towards the police and away from the mob. He ran after Rittenhouse to attack him instead of fleeing.
> Disgraceful but ultimately irrelevant, unless you think that Rittenhouse knew that and acted on his knowledge.
> This is not obvious by a long shot, although it is possible. The police were a few hundred yards down the road, and it is plausible that Rittenhouse would have been held on the ground until police arrived, or marched down to the police, etc.
We are not debating Rittenhouse self-defense as that it is obvious from the video footage and the trial. The fact that one of the attackers was a convicted child molester is one of the signals that indicate that the attackers would beat up (and possibly kill) Rittenhouse. Other signals include the fact that there were previous beatings in those riots, that rioters previously attacked police, etc.
You are derailing the conversation and I do not want to repeat myself or extend my time on this. You can see the trial for more information.
> He ran after Rittenhouse to attack him instead of fleeing.
And yet when Rittenhouse turns and shoots Rosenbaum instead of continuing to flee, that's self-defence?
> We are not debating Rittenhouse self-defense [...] You are derailing the conversation and I do not want to repeat myself or extend my time on this.
No, we were debating Facebook's response. I said that I thought it was reasonable for Facebook to act with an abundance of caution around the killing of two unarmed men.
Someone objected to me calling him 'unarmed'. My contention is that although a skateboard can be used as a weapon, that wasn't how Huber used his skateboard.
I'm not sure what I'm 'derailing', or what you think 'the conversation' is, but you're welcome to stop commenting if you don't want to debate further.
> Facebook choosing not to allow praise or support for a killer is, in my opinion, sensible and logical.
Surely the hard question is "the line drawing". Claiming you support his right to be in a place at a time with a gun and defend himself from attackers who were intent on injuring him... feels extremely reasonable? As though it should be protected.
Far from saying Facebook needs to allow "lol I'm glad those fuckers are dead" posts to stay up but surely advocating for his innocence of any crime is not a thing that should be censored?
> Both of the men Rittenhouse killed were unarmed.
All of the people Rittenhouse shot at were armed. Multiple witnesses including the state's testified to the fact that Rosenbaum, the pedophile screaming the N-word repeatedly that night (and he was white in case you're wondering) who was shot first, was lunging and trying to grab the gun. A person becomes armed when he attempts to take another person's weapon.
The second man shot at, "jump kick man," was using his feet as weapons when he was shot at. When we use even our bodies in a violent manner, they become weapons.
The second man shot was in the act of wielding his skateboard as a weapon, and also grabbed the gun. He became armed when he started using the skateboard as a weapon, and further when he grabbed the gun.
The final person shot was literally armed with an illegally-possessed handgun. He was not shot until he approached Rittenhouse and pointed it at Rittenhouse's head.
All armed.
> Whether he had a legal right to be carrying the gun or not is a little more contentious. Although his possession of the gun was in line with the letter of the law, it seems likely from the wording that the exception was intended to apply to minors hunting and is poorly written, rather than an intentional decision to allow 17 year olds to carry AR-15s. Poorly worded laws are read in favour of the defence, which is why the gun charge was dropped. He likely would not have been allowed to buy or possess the gun in his home state.
It seems to me that banning sixteen and seventeen year olds from possessing sawed-off shotguns and pistols makes sense outside of a hunting context. I personally didn't find the law particularly strangely worded, unless we're going in with the expectation that it will nail a kid.
FWIW, Rittenhouse testified on the stand that he had asked police for advice before his friend bought the rifle, and was told their arrangement complied with the law. That may not be a real legal defense, but I mean, sheesh. Hard to fault anyone who takes pains to comply with the law.
> But whatever the legality, I don't think it's right that a guy can go tooled up to another city, kill two unarmed people, and pose for celebratory photos with white supremacists afterwards.
His father and grandmother live in Kenosha. He had a job there. He had in fact been photographed cleaning graffiti from the walls of a Kenosha high school earlier that same day. It was "his city" as much as anyone else's.
What's been most shocking about the media coverage over this matter, and the incessant, unfounded claims of "white supremacy" on the part of Mr. Rittenhouse, is that without actually saying it, the media has strongly implied to the average normie that Kyle killed black people.
The meeting was arranged by Lin Wood at the time and he was promptly fired afterward. FYI the 'ok' sign is also used by lots of 'normal' conservatives and even non conservatives. The symbology was invented by 4chan first along with many other campaigns to turn widely used symbols (Pepe) into something associated with nazis. A lot of people who aren't affiliated in any way with nazis still continue to use it because of the original trolling motive and/or they don't know of the association.
To preface this, I think Kyle is a wannabe cop and I still think he shouldn't have been there. But the narrative that he's a white supremacist is probably false. The bar incident occurred because it was arranged by Lin Wood who he fired afterward. Also the FBI investigated him and found no connection to white supremacists iirc.
Does defending yourself turn you into a “wannabe cop” when he was there mostly giving first aid and cleaning graffiti? Are people with first aid kits wannabe medics who have no business unless a doctor is present?
He was definitely a wannabe medic. He told people an EMT which he was not, and when it might actually have been useful for him to kick into gear (after he shot Rosenbaum), he instead just stood there and called a friend.
>“After I shoot Mr Rosenbaum, he tried to grab my gun. I was running away. There was a gunshot behind me. After I shot him, I run around the car because I was going to go render first-aid to him,” the teenager said in a recorded TV interview on Monday.
>He added: “I wasn’t able to, because then there was a mob forming and calling for my execution to get him and kill him.”
What did you expect him to do? EMTs are not gods that reverse death, nor was he wrong getting away from a violent crowd. He offered first aid, where did he say he was an EMT?
Did you actually watch the video or read the interview?
I don't think that this was discussed at trial (and probably rightly), but I do question how much he actually visited his father.
It seems as though he lived with his mum and sisters half an hour away from Kenosha.
His mother and sisters were in the courtroom when the verdict was read.
Anyway, I don't argue that the simple fact that he was in Kenosha was wrong. Being exactly where he was, at the time he was, with a weapon...
I don't really know what I want from this. I certainly don't think that the government should pass laws stopping people from travelling, or from being wherever they want to be, but nonetheless, I feel as though the whole thing was avoidable and ended in tragedy for three families, and yes, I include the Rittenhouse family here.
Even though it's been established that Rittenhouse is not guilty of the charges, the rumours about the family history are saddening. I don't believe he went out planning to kill people, I think he was playing policeman, but the fact remains that he killed two people and has to live with that
"Facebook did the right thing" is the most un-HN thing I have read on HN in years. So while I may not agree or disagree with things you said. It is always good to have some balance on HN.
> Given the weird nature of this case, and how only one viewpoint about it was allowed on social media, I wonder if that constitutes defamation on the part of the social media companies, since they were in practice making an editorial decision that he was bad.
You yourself acknowledge that it is a "viewpoint", or the term more common in law an "opinion". Opinions are protected speech by the first amendment (not section 230) and as such Facebook cannot be liable in any way for promoting one or silencing another.
To be liable for defamation, you would need to be stating false facts with reckless disregard for the truth (or malice, if Rittenhouse counts as a public figure), not just promoting an opinion. This is regardless of section 230 (which might or might not provide them further protection).
is there case law that shows defamation for omitting facts? It sounds like such a precedent could make anyone guilty of defamation if they only cover news when it’s first announced and not when more info comes out about the news.
The policy was suposedly that "we will [...] remove content containing praise or support of Rittenhouse", that's not a policy of removing or omitting facts, that's a policy of removing opinions. Facts are neither praise nor support.
Facebook is entitled to only repeat whatever opinions it wants to repeat, by virtue of the first amendment.
I mean, that "distinction" doesn't exist under current law - you can be both, or neither. Facebook is both. Even if you amended the law to create such a distinction though, attempting to place companies under it based on whether or not they moderated based on viewpoint would be a content based restriction on speech, and violate the constitution. The government isn't allowed to punish people (including groups of people such as companies), or remove privileges, based on the content of speech, with very narrow exceptions.
I'd agree with you, but we hold publishers liable to whatever they publish.
My understanding is as follows. As a platform, the rationale for section 230 protections is that you are not the one making the comments, and are thus just a platform for the speech of others. The speaker, and not the platform, is thus the one liable for the speech. Conversely, a publisher, while not the one writing (contributors write, and the publisher publishes), still bears the brunt of the liability.
I thus think it is intuitive (to me at least), that after a degree of control is exercised, this flips into being more like a publisher than a platform, and should be treated as such. The question then becomes where to draw that line.
the only thing 230 does is make it so “platforms” CAN moderate speech and exercise control, without having to take on the legal liability like a newspaper publisher.
Before 230, there was already effectively a distinction in that, if you ran a forum and did absolutely no moderation, you were never liable for the content - but then you also couldn’t remove any content that was vulgar, racist, hateful to other users, etc. which is why section 230 is part of the “Communications Decency Act”. Without it, social media just choose between not moderating anything, and vetting every post (and probably only allowing posts from a small group of verified people and businesses).
Are "moderate" and "editorialize" treated equally in 230? I take moderate to mean, delete entirely, silence, ban. I have always assumed maybe incorrectly? that editorializing something such as adding or removing content or context is publishing content?
My understanding is that you could draw a legal distinction under current law with those words, but only if this part falls under the word moderation not the word editorializing:
> that editorializing something such as [...] removing content or context
I suppose it would be permissible to draw a line where you could delete all or none of a users content, but not some, since that does sound content neutral. I don't believe anyone has drawn such a line though in law (and it would be quite the strange line to draw).
I think the argument would be (and I'm not sure how they could prove such a thing) that they were not omitting facts, but actively suppressing facts and allowing the spread of (what ended up to be) misinformation. I'm not a lawyer, of course, and playing Monday morning QB of sorts.
EDIT: Though, I think this only applies to news sources, which they've been ruled to be not as. Though that ruling may be overturned if they actively suppress certain information.
It appears he has a great case against CNN and perhaps even the POTUS. Expect CNN to lose yet another court case for defamation and misinformation with a huge payout.
Social media and corporate news outlets should let the courts do their job. They are constantly wrong and can't even get basic facts right.
It's all about the narrative and the party line backing up the benefactors.
This is an interesting conclusion, because as I understand it this is only really true in some states.
Wisconsin's self defense law is more permissive than many, and so Rittenhouse probably couldn't have used the same defense as easily in many states.
In other words, it's not "plainly obvious", and this comes down to the context beyond the moments before he shot people. Wisconsin law says you can ignore that context, and that self defense is self defense even if you create the situation that requires deadly force or are the aggressor.
Wisconsin law has exceptions to this, that allowed Rittenhouse to use self defense despite having himself escalated.
This is a bad thing for a few reasons (two people who both shoot each other can legitimately claim self defense, taken not much further and Ahmaud Arbery's killers could claim self defense after he reached for their gun to defend himself), and anything but "obvious".
> This is an interesting conclusion, because as I understand it this is only really true in some states. Wisconsin's self defense law is more permissive than many, and so Rittenhouse probably couldn't have used the same defense as easily in many states.
Let's look at the five rules of self defense as they apply pretty much everywhere in the US. The last one is the big difference in Wisconsin.
* Innocence (was he there to commit a crime or hurt someone) -- Rittenhouse was generally there to help people. The altercation was started because he put out a fire.
* Imminence (was the use of force against him about to be used) -- The video shows Rosenbaum cornering him and lunging. The gunpowder stippling pattern shows that Rosenbaum's hand was on the barrel of the gun too. He shot at Maurice Freedman (jump kick man -- his identity was known to the prosecutors, but they hid his identity) who was in the process of trying to kick his face in with heavy boots. He shot at a guy assaulting him with a skateboard. Finally, he shot someone pointing a gun at his face.
* Proportionality (not excessive force -- in this case, only deadly force can be stopped by deadly force). I don't know of any state where grabbing a gun, pointing a gun, hitting someone with a skateboard (they weigh around 11 pounds -- a baseball bat weights around 2 pounds), or trying to crush someone's face aren't considered deadly force.
* Reasonableness (would any other reasonable person in that situation fear for their life) -- If you were a naive teenager (or even an adult) and an adult said they'd kill you and then waited until you were alone to chase you into a corner, would you be afraid? Would you wonder if you were about to die?
* Avoidance -- this is the different one. Some states have clear stand your ground law. You never have to retreat from a fight if you are defending yourself. Some states have castle doctrine which says you have to retreat on the street, but not in your home or it's curtilage (the frequently used area around the house). Some states say you must retreat first in all situation up until you are completely cornered. 38 states are stand your ground. A few more like California, Illinois, or Oregon have castle doctrine. only a handful in the Northeast have duty to retreat everywhere.
Now, even if there were a duty to retreat, Rittenhouse did this too. He ran away until he was cornered and only then (and with Rosenbaum mid-charge) did he shoot the gun. Likewise, he did not shoot his gun at the others until he'd been hit in the head with a rock and collapsed to the ground a few steps later in the middle of retreating to the safety of the police line.
TL;DR -- This shooting would have been justified even in states with the most strict self-defense laws.
I’m really susprised if they didn’t watch the videos and read about the case. Most people watch video now so is it possible they avoided all videos or they just didn’t believe the videos? Nobody I know didn’t watch the videos.
I linked my friends a youtube video of someone doing a legal analysis after the verdict. After watching, they expressed surprise that the incidents were recorded.
They claimed Rittenhouse shot someone who had their hands up and showed a picture. This was wrong for at least two reasons. First, they deceptively cropped the gun out of the image. Second, the video they refused to play clearly shows (contrary to the implication) that Grosskreutz wasn't shot until later when he pointed his gun.
Likewise, the videos shown on most media networks were very selectively edited to remove any bits that might hint at self defense.
Very few of the "Kyle is a murderer" crowd have seen the actual full-length, unedited videos of what happened.
> Very few of the "Kyle is a murderer" crowd have seen the actual full-length, unedited videos of what happened.
If I can translate, your claim is that they are uninformed, which is plainly a fallacious argument. Just how could you know this? This is kind of an unrelated rant, but it reminds me just a little of Justice Scalia pulling a random and made up statistic out of his hat, something he couldn't possibly know about what most Americans believe that, oh yeah, was patently false, and used it to desecrate the 2nd Amendment, without 2/3rds majority of both houses of congress nor state legislatures, i.e. not the proper self-described way literally writ in the Constitution itself, and in fact beyond the scope of the Supreme Court's domain, effectively turning what Founders intended as a selfless right to fight tyranny into something the Founders debated and explicitly decided against including within the 2nd, a selfish, unimpressive and frankly mostly expressed cowardly, right of defense of self and/or property. It was far better before becoming redundant, as the right of self-defense predates the Constitution by some time, and the decision very uncharacteristic of Scalia, a life-long literal Constitutionalist, raising questions of senility and competence, especially because he died soon after. And it is merely one right among many that had been eroded around that time, including habeas corpus, the 5th and 6th Amendments, at least.
I've watched all the videos. I still think these deaths were felony murders. I think Rittenhouse is a coward like George Zimmerman. I know this is unrelated, but there were several accidental shooting deaths recently, little kids, babies, and the list of mass gun killings is astoundingly deep and still grows. The list of uncontested gun victims is massive. Where are their rights? Does a bunch of people's vane fascination with deadly weapons supersede an innocent person's right to exist? It is a fact that less guns leads to less gun deaths, and we will be much better off as society with what would be far smaller lists of mass punchings, kickings, pokings, stabbings and axings. It'd be more interesting to read about a malcontent that had punched 14 people before being subdued by authorities. We can, actually, outlaw guns, and it would cause less gun deaths and less gun crime, but we can never outlaw fists, and everyone knows you shouldn't hit people.
Sure, if a stranger was breaking into your house in the middle of the night and gets shot, there's probably no charges.
Outside of a pretty narrow window, it's likely to go to trial. From there, conviction is extremely likely no matter what. Juries have a definite bias to favor the prosecutor which in my opinion is why so many innocent people have been convicted over the years.
So the massive list of uncontested gun victims is caused by a bunch of people with a vain fascination with deadly weapons? Either: a) this is the same type of fallacy you started out criticizing, or b) it's hyperbole, because "massive" and "bunch" could mean anything and you haven't substantiated it
>Having watched the videos, it was plainly obvious that in each case, Rittenhouse was acting in self-defense.
my understanding is that you can't claim self-defense if you initiated violence yourself. Threatening unarmed people with a gun, pointing it at them is a credible threat of violence that the people have the right to defend themselves from, and that is what they tried to do in particular by chasing that gun wielding moron away. Unfortunately that aspect seems to have been totally overlooked.
a) he never threatened anyone. In fact, he demonstrated better gun safety than, say, a Hollywood actor/producer 3 times his age.
b) how can you claim the crowd was unarmed? Of the 3 people that stuck around to be searched, 2 of them had weapons. A skateboard used as a bludgeon. And a Glock pistol that was drawn from concealment and pointed at his head.
> i just watch those Kenosha videos and see that only those militia gun fetishists are having guns
No, this isn’t a matter for debate — it’s an established fact of the case, agreed to by all parties, that Gaige Grosskreutz was carrying a pistol. He also admitted under oath that Rittenhouse only shot him after he pointed the pistol at him.
it was visibly unarmed crowd that the armed militia was threatening. Few people carrying concealed guns happens everywhere and doesn't change the unarmed nature of the crowd.
>Ah! so that is what responsible gun owner's gun safety looks like - 2 dead 1 wounded
I know you’re being sarcastic, but *yes*, that is responsible gun safety in a scenario where deadly force is required (which is why he was acquitted). Kyle exercised an incredible measure of discipline in his restraint—not shooting wildly into a mob that was overtaking him, only firing on those who were attacking him. Show me a police bodycam video where the officer is equally restrained.
Btw I agree that the so-called-armoror was inexperienced and immature. I can only imagine why a producer would so irresponsibly hire her? Wait..wasn’t the executive producer of that film also the main actor that pointed a gun at a crew member and pulled the trigger?
>Kyle exercised an incredible measure of discipline in his restraint—not shooting wildly into a mob that was overtaking him, only firing on those who were attacking him.
He was an active shooter, and thus a threat to anybody around, and the people tried to defend themselves from that threat. Why those people got denied the right of self-defense and treated as attackers instead? I think it is a total miscarriage of justice that an active shooter successfully claimed self-defense. Not shooting wildly into a mob is really a pretty low, a new low i'd say, bar of responsible gun safety. You seeing laudable restraint and discipline in that is one of the best illustrations of the gun problem in the society.
Self defence is not antisymmetric, as a contrived example suppose two people are independently running away from murderers and bump into each other in the dark (maybe add some extra factor like a gunfire sound starting at the same time) then both would be covered under self defence to use (deadly) force againt what was actually an innocent victim.
pointing gun isn't necessary. As we know from for example many police shootings mere presence of a gun even at a minimally tense situation is usually already perceived as a threat even by well trained and used to guns people.
If you threaten a person with bodily harm, I think it is reasonable to point a gun at them to get them to stop. Would you voluntarily get bashed in the head with a skateboard if you were in that position?
if you're an active shooter in a populated place i think you're extremely lucky to get only slightly bashed in the head as normally much worse things would happen to you.
cause - the guy shoots an unarmed man and just coldly walks away from it. No victim check, no attempt to render first aid, no reporting to and waiting for police and emergency services... nothing what is reasonably expected in the situation of self-defense.
effect - reasonable perception that it is a killer on the lose, a threat to defend from.
This is an argument for justifying the following attacks on Kyle. Kyle acting in self defence does not imply that Huber was not acting in self defence.
Using police are a bad example, because they aren't held to the same standard as non-police. Whether that should be or not is debatable, but it's not debatable that there are clearly different standards. Police are routinely determined justified in killing people based on the possibility of a weapon, those Rittenhouse shot not only had weapons, but showed intent to use them.
i'm not talking about standards. I'm talking about human perception of gun danger and use as an example well established perception of gun danger by the people known to be well accustomed to guns and associated dangers.
>those Rittenhouse shot not only had weapons, but showed intent to use them.
these people were defending themselves and others around from Rittenhouse after he shot an unarmed man and just walked away not checking on the victim, nor waiting for police like one would do in a bona fide self-defense, and that made him to be reasonably perceived as an active shooter that is a threat to anybody around. Thus he created that violent situation of him being a threat and necessitating a defense against him, and he shot the people who were defending themselves and others from him. One shouldn't be able to claim self-defense in such situation.
There doesn't need to be a clear "bad guy" in every situation. Situations can escalate and get out of hand without any individual actors with bad intentions. So it's entirely plausible that the people charging Rittenhouse thought he was a terrorist and wanted to disarm him, and it's entirely plausible that Rittenhouse feared for his life when he shot them. To illustrate my point:
Suppose there are two people at two corners of a dark alleyway. They both hear a gunshot towards the center of the alley and draw their pistols in self-defence. They take a few steps and now see each other holding a gun. Each one raises his gun at the other, thinking that's the shooter. One fires and kills the other. AFAIK it would be justified self-defense
There are a lot more layers to the case than you would originally think. Like an obligation to flee if reasonable to do so etc. Legal Eagle on YT did a great breakdown of it all.
It's not as simple as "can't claim self-defence if you initiated violence yourself".
>Like an obligation to flee if reasonable to do so etc.
If you're targeted personally i suppose. When the violence isn't targeted your running away wouldn't change the situation if there are other people around who can be shot. That reminds about that veteran who attacked the shooter several years ago at the Oregon college - he could have fled i guess, yet he didn't. Did he had an obligation to flee? I don't think anybody there entertained even for a moment such nonsense idea as the shooter's self-defense against the veteran who attacked him and got wounded in that fight. In Kenosha though the shooter shot the guys who tried to stop him (and from any point of view he was the active shooter to be stopped as he didn't stay with his first victim calling/waiting for police and rendering help to the victim as one would do in a true self-defense situation, and as an active shooter he was a threat to everybody, a threat that the people have the right to defend themselves from), and it somehow got successfully sold as self-defense on his part.
Oregon does NOT have a stand your ground law. If that were the only statute, he'd be guilty of murder (showing that such a law is not well thought out). My guess is they have another law (like most states do) that allows coming to the defense of someone else.
> Legal Eagle on YT did a great breakdown of it all.
I strongly disagree. He left out some very important details from the video. Whether by accident or not, doesn't really matter in this case, IMO. (I know he issued corrections/clarifications in the comments, but most people are not gonna read those)
A very curious part of this is the president of the US calling him a white supremacist before the verdict is reached and the press secretary defending that portrayal [he shot three white guys]. A president who promised to 'bring normality back to the whitehouse'. That cavalier attitude toward justice creates unnecessary tensions in the community ['if the president says so, it must be true, and if the accused is acquitted then justice is broken and we can take it into our hands']
Also the president immediately expressing disappointment on Twitter at the jury's decision... what a slap in the face to due process
I don't think that's quite true. Biden's initial comment was "Look, I stand by what the jury has concluded," he said. "The jury system works, and we have to abide by it."
His handlers went on to later change the narrative.
If you've followed politics for more than the last 5 years, it's very weird having an entire administration constantly running around contradicting whatever comes out of the President's mouth.
"Handlers" is quite the term.
Do we believe the President or not? If we can't believe what they say and other people have to speak and do for them, why don't we elect one of those people? instead?
I think you are right actually. At the time though I don't think I ever saw that initial statement. I seem to remember only seeing stories about the second statement - Biden being "concerned and angry" about the verdict!
Sorry, self defense is a right no matter what isle of the political spectrum you land on. Arguing otherwise here, means you A) didn't follow the case or B) are arguing in bad faith.
BOTH of these options do not make for a good look on yourself.
So, next time a police officer draws a weapon on someone, and that someone lawfully exercises their right to self-defense while exercising their right to bear arms, we're all 100% on the same page that it's okay, yeah?
Yeah. That actually happened recently in Minneapolis, a story that got amazingly little media coverage. Cops in an unmarked van were driving around shooting rubber bullets and people. Dude things they're trying to kill him, so he shoots back. After he realizes theyre cops, he drops his gun and the officers beat the shit out of him. Prosecutors tried to get him to plea down, but he fought the case and was declared not guilty.
I always wonder where the 'we need good guys with guns to stop the bad guys with guns' go when they're talking about Gaige.
He saw Kyle, an active shooter, drew on him to get him to stop shooting people, and so Kyle just gets to shoot him?
EDIT: This flamewar is not worth it (what did I expect in this thread?), but just please try to remember the lessons Batman tries to teach us about vigilante justice (it just encourages more crime by making 'justice' a personal endeavor subject to the follies of the individual).
Rittenhouse wasn't an 'active shooter' by any stretch of the definition of the word. Further, Grosskreutz knew that Rittenhouse wasn't one because he videod himself running after him asking where he was going, and Rittenhouse responded that he was going to the police. And yes, pointing a gun at someone is threatening their life, which makes shooting them self-defence.
Rittenhouse had shot one person, who had chased him and lunged for his gun, at the time the mob chased after him. He was not aiming his gun at anybody else nor did he fire his gun at anybody else until he was being attacked.
Grosskreutz had chased after him after he had shot Rosenbaum, but Grosskreutz did not witness the shooting himself - none of Rittenhouse's pursuers had. He got close enough to Rittenhouse to ask Rittenhouse where he was running. Rittenhouse doesn't turn around and shoot Grosskreutz, but instead tells Grosskreutz he's going to the police, to which Grosskreutz yells 'stop him'.[0] The fact is, Rittenhouse's pursuers didn't think he was an 'active shooter', they saw that he was running away, and didn't want to let him get away, and were trying to take justice into their own hands. And in fact, if Grosskreutz actually had thought that Rittenhouse were an 'active shooter', why didn't he shoot him right then?
Did you watch the video? In what world did none of his pursuers not know he had just killed someone? And to be a pedant, he was only drawn on after the second murder, even though they were in close succession.
[0]Mr. Rittenhouse seems to make a phone call and then flees the scene. Several people chase him, some shouting, “That’s the shooter!”
As Mr. Rittenhouse is running, he trips and falls to the ground. He fires four shots as three people rush toward him. One person appears to be hit in the chest and falls to the ground. Another, who is carrying a handgun, is hit in the arm and runs away.
Mr. Rittenhouse’s gunfire is mixed in with the sound of at least 16 other gunshots that ring out during this time.
> In what world did none of his pursuers not know he had just killed someone?
Didn't say that, I said the pursuers were not a witness to the shooting themselves. That is, they didn't see it happen for themselves. For example, Grosskreutz's story:
> Gaige Grosskreutz testified that he was filming the protest as a legal observer for the American Civil Liberties Union on a Facebook livestream. Shortly before midnight Grosskreutz said he heard gunshots to the south and observed Rittenhouse running in his direction[86] on Sheridan Road.[87] Grosskreutz said he ran alongside Rittenhouse and asked "Hey, what are you doing. You shot somebody?"[86]
> And to be a pedant, he was only drawn on after the second murder, even though they were in close succession.
It wasn't a murder, and it as for 'close succession', that's subjective; Rittenhouse had ran for two blocks after he shot Rosenbaum, and Grosskreutz had already been pursuing Rittenhouse (that's when he recorded the video in the tweet). Grosskreutz would have witnessed Rittenhouse shoot Huber, but he would have also seen Huber slam a skateboard into Rittenhouse's head and attempt to grab his rifle before Rittenhouse had shot Huber since Grosskreutz had been pursuing Rittenhouse prior to this. So 1) Grosskreutz didn't witness Rosenbaum's shooting, 2) Grosskreutz would have witnessed Huber attacking Rittenhouse before Rittenhouse shot Huber. I.e., he would have known nothing about the first shooting, and the second shooting he would have witnessed the entire self-defence case as it happened, giving zero reasonable indication that Rittenhouse was an 'active shooter'.
Dumb, baseless assumption from you not reading what I wrote correctly. Grosskreutz and the other pursuers didn't personally witness Rittenhouse shoot Rosenbaum. If he had, why did Grosskreutz ask Rittenhouse if he had just shot somebody?
> Please just try to limit the amount of time you spend encouraging people to show up armed to protests, or even riots if you want to call them that.
No he didn't. He had just defended himself against two assailants, while trying to flee. He was never, at any point in time, an "active shooter".
An "active shooter" is "an individual actively engaged in killing or attempting to kill people in a confined and populated area; in most cases, active shooters use firearms and there is no pattern or method to their selection of victims."[0]
He had a pattern of selection. Kyle shot and neutralized those who were trying to kill him (or cause grievious bodily harm). That is, by definition, self-defense, not an "active shooter" event.
Trying to flee a crowd that attempted to detain him for shooting someone.
Let's play hypothetical here. School shooter is bullied and hit in a fight. He shoots bully dead and starts running. He then shoots two people tackling him.
Is he not an active shooter?
Why are you doing such mental gymnastics to lionize this kid? You can debate over whether he should go to jail or not, but the reality is he extra-judicially killed 2 people. Doesn't that make you feel weird to defend that, even if you disagree politically with his victims?
Gaige is a convicted felon who was illegally armed with a gun and drove to Kenosha to riot. It is hard to understand how you label him the good guy in this scenario.
What? "Chaotic good" and "lawful evil" are common terms. Why are you trying to split up the grandparent post's wording in a way they very obviously didn't intend?
Except they're not supposed to be split. Just like splitting "therapist" into "the rapist" doesn't capture the intended meaning of the thing, neither does splitting "chaotic good" into "chaotic" and "good" capture the intended meaning. Someone of chaotic good alignment is one who "combined a good heart with a free spirit. These characters acted as their own conscience directed with little regard for the expectations of others. They were often kind, benevolent, and strong individualists who were hostile to the claims of rules, regulations and social order.[1]" I don't give two figs about which horse you have in this race- splitting a phrase to distort the intended meaning is bad faith, full stop. That's all I came to say. But thanks for being condescending in the defense of your fallacious claim, it gave me a good chuckle.
[1] Player's handbook v 3.5, page 105. Draws from version 1, 2, 3.x, and influences v 5. Essentially, everything but 4, which is largely regarded as a version to be swept quietly under the rug.
Except Kyle wasn't an "active shooter". He shot one person who was attacking him, and then ran away while being chased by a mob. That isn't an active shooter.
For starters, a prerequisite to be a “good guy with a gun”, you need to possess and carry that gun legally, which Gaige did not do. He was a convicted felon, ineligible to possess a gun, much less carry one concealed. However, he was not, and will not be prosecuted for that, almost as if gun control people were not interested in actually controlling illegally possessed guns.
I don't think that is the main problem. A person can do the right thing even if they so far has done the wrong thing.
The problem here was that he was part of a violent destructive crowd and went even further than the rest of the crowd in attacking an innocent (as judged by the court) guy with a gun.
If you are in a crowd, and an active shooter just killed one or two people in front of you, are you going to sit around and wait for a court to determine that they were legally innocent?
Or would you be completely within your moral rights to defend yourself from the shooter, by any means at your disposal?
In case you weren't aware: Active shooter seems to have a defined meaning and the courts decided he was not. The rest of my comment assumes you were not aware of this and just meant someone who just shot someone else.
Now:
legally it seems in Wisconsin one doesn't have the right to follow after someone and pull a gun on them when they aren't threatening anyone. One does however has a right to shoot if someone attacks with deadly force. If this is a good law or not I'll not discuss - personally I'd prefer if police rounded up and judges handed out some generous penalties to the rioters.
morally, one guy had gone around helping put out fires in a poor neighbourhood targeted by riot tourism while also being friendly towards those as far as possible The others were violent rioters enjoying an opportunity to destroy innocent peoples livelihoods under the cover of supporting the very people they were attacking.
You seem to be missing that when you may be in an active shooter situation, you can't wait for a court to decide whether it is, or isn't one.
Rittenhouse felt threatened, but for some reason, didn't wait for a court to make a determination. The people he shot also felt threatened. And for good reason, given that he killed two of them, in two separate incidents.
If he has the moral right to use lethal force to defend himself against a threat to his person, with imperfect information, without waiting a year for a court to split hairs over who was and was not at fault, so do they. He is incredibly lucky that Grosskreutz gave the question of killing a man more thought than he did.
The relevant legal standard is not “felt threatened”, but that a person must have a reasonable grounds (by objective standards of a reasonable person, not by subjective standards of threat, which might be completely unreasonable) to believe, and in fact believe that there is an imminent threat of death or great bodily harm.
Since Rittenhouse was quite apparently running away, and Grossenkreutz was pursuing him, in no way can a reasonable conclude that Rittenhouse was an imminent threat to Grossenkreutz — if he didn’t pursue him, he’d be completely safe.
> to believe, and in fact believe that there is an imminent threat of death or great bodily harm.
Which any reasonable person in that situation would have believed, with the information available to them at the time.
Had Rittenhouse dropped his gun, he would not have been an imminent threat to the crowd. But he did not. For all anybody on the scene knew, he would start shooting again, as soon as he had a chance to.
Disarming him was one way to remove that imminent threat of death and great bodily harm, which Huber tried to do. Killing him would have been another, which Grosskreutz considered, but did not try to do.
Which legal theory? The 'wait around to get shot, because it takes three days of deliberation for 12 people to determine whether or not the person running around shooting people in a riot can be defined as an active shooter' theory?
Not waiting around for that determination seems to have worked out pretty well for Rittenhouse. He's both not dead, and a free man.
Said dead people should also not have been there. But they didn't. They were there, he was there, but they made the even worse decision to attack him. At that point, self defense is justifiable.
Any argument that Rittenhouse should not have been there to begin with also similarly applies to the dead. That they instigated the incident is the reason we call it self defense, as compared to the irrelevant school shooter analogy.
It’s not a “bunch of cars.” It’s the livelihoods of a couple of immigrants who did nothing to deserve having their business destroyed.
It’s not just some buildings. It’s people’s community. Their businesses, their places of recreation, their community gathering places. That built environment was the labor of many people who left more to their kids than they started with. Property is the difference between Bangladesh and America. Many of these communities never rebound after riots like this. Destroying city blocks like this is profoundly anti-social and damaging to the people who live there.
The difference between Bangladesh and America is a bit more than just property, and the difference between either and some other places in the world is that they are both extremes.
This isn't a case where they attacked him and then he pulled out a pistol and shot them. This was open carry with a rifle. To answer the point you made, they made the decision to attack a clearly armed man and thus evaluated that attacking those cars was worth their own lives.
The really correct answer is that the police don’t allow rioters to burn down a city for two days so that idiot kids don’t feel the need to take the law into their own hands.
> Taking the law into your own hands just breeds more violence.
As a nice but nerdy kid who got in trouble at school for half a decade or while teachers turned a blind eye I'm not so sure.
The problems immediately stopped once I stood up and used necessary force to make me a less attractive target. Even the bully in question seemed to get something valuable out of it.
Edited to remove as many personal details as possible while keeping the story intact.
I'm going to assume you didn't kill anybody. I've lived through that exact same thing, but I definitely wouldn't have shot people or endangered their lives. That's beyond insane.
Actually "two wrongs" is exactly how enforcement of the law works. Party A breaks into house, so Party B assaults and kidnaps them. Ideally, Party B is operating according to due process (including duly enacted "laws"), thus is approved of by wider society and the situation converges. It's not a given that Party B can only be some government-blessed police, because such police cannot be everywhere and police (or even wider society) can be corrupt (eg gun control laws gained stream after Black communities started arming themselves in self defense).
As a libertarian who is generally sympathetic to arguments from both tribes, I have to say that the red tribe arguments here seem quite sensible and applicable (which frankly is a relief to me because most everything else I've seen from the red tribe over the past two years has seemed batshit insane and I was worried that I had been captured by the political machine)
If Grosskreutz had ended up killing Rittenhouse, it's certainly possible that the legal finding would have also been self defense (with Rittenhouse not being prosecuted posthumously). In general the law doesn't have clear answers for chaotic situations, and the best way to protect yourself is to avoid them in the first place.
Which brings us back to the larger issue - if Rittenhouse's behavior was problematic for electing to become an armed combatant or force escalation at a riot or something like that, then it seems that is what needs to be criminalized directly - regardless of the specific armed confrontations precipitated. Of course any such law would have to distinguish between bona fide community defense by residents standing their collective ground.
The army should have been treating all of the people involved as potential terrorist. Which by any definition they clearly are. Using violence(destroying property, attacking others) for political goals. Just shoot anyone who resist and ship rest to Guantanamo or some other such location.
He was protecting a car lot. The police blocked off that area and he ended up in the street heading to the other car lot. Someone else shot a gun and someone thought it was him and tried to take his gun. Others attacked him and pulled a gun on him.
I don't understand gun culture but I imagine if you are carrying a gun and someone is attacking you for it your life may depend on keeping it.
If we follow this argument to it's logical conclusion, then the other individual with the gun (or, quite literally, any bystander in such a situation, defending themselves from an active shooter) shooting and killing Rittenhouse would have also been a perfectly reasonable outcome.
I have no doubt that he, too, felt threatened for his life by an armed gunman at some point in that altercation.
I also assume that, as the saying goes, either of the people that Rittenhouse killed would have also rather faced a trial by twelve, than be carried by six.
In a country where things like open carry are legal, the "logical conclusion" of your argument makes no sense. That would mean when anyone who owns a gun sees another gun in public, they can conclude that their life is threatened and open fire with no consequences.
This seems to be a bad faith argument, given that Kyle was being physically and brutally attacked when he correctly responded in self-defense. Quite different from your "logical conclusion".
That's not the contradiction you seem to think it is. It's easy to imagine scenarios where two parties could be legitimately acting in self-defense, because of what they reasonably -- but possibly incorrectly -- believe about the other's motive.
This kind of very easy dramatic escalation is exactly why carrying rifles around on the street at all should be illegal. But that's a separate question from the one of whether according to the set of laws we actually live under, Rittenhouse is guilty of murder or not.
I think you've outlined exactly the kind of contradiction that I think it is - a moral, not a legal one. The laws on the books encourage this sort of insane behaviour, and as a result, two people are dead, but legally speaking, nobody's at fault. I'm not blaming any of this on the jury.
Had the facts gone even a little differently, one person would have been dead, and again, it's unlikely that anyone would have been found at fault.
The police officers had been standing down for two days!
I don’t know what things are like in the Netherlands. But in Bangladesh, we still use guns to protect ourselves from people like the ones Rittenhouse killed. The only difference is that we technically have “gun control” so only the affluent people who can afford a guard to carry their gun for them can protect themselves.
Yes, and in doing so the police managed not to kill anyone. It's a testament to their restraint. Vigilantism is illegal and for good reason, I'm surprised to see you advocating so strongly for it.
You either didn't watch any of the videos from that night or don't know what trigger happy means. Rittenhouse made a number of mistakes but being trigger happy was not one of them.
If you wear a seat belt while driving a car do you intend to crash? Do you have any idea how many people were open carrying that night and never fired a shot? Rittenhouse hit every target he aimed at and all whom had attacked him. 100% of the people who didn't attack Rittenhouse were not shot. That is not trigger happy. And Rittenhouse didn't even fire the first shot, Ziminski did.
Who is "normal" at a riot? The people firebombing immigrant owned businesses in the name of justice?
No, I illustrated that intent usually goes right along with bringing stuff with you. If you feel that that equates a sandwich to a gun then I don't know how to explain things to you for which I apologize.
Jacques, stop. You compared it to a sandwich. You don't get to complain that someone makes a comparison with a seat belt.
I'm European and extremely pro gun control / anti gun in general, probably moreso than you, by the way. You are blinded by your bias and it really shows in your posts.
Edit, to elaborate on why i think you're blinded by it: I am with you, it's utterly idiotic that people bring guns to these things and that this is somehow okay. But you can't judge US protester actions by EU standards, because over there and in that case, bringing a gun "just in case" with no intent to use it absolutely is standard.
The comparison with a seat belt absolutely stands, because it was brought "just in case". And yes, it's stupid that this is how things are over there, but you can't blame a seventeen year old for centuries of political idiocy.
So instead of shooting men, criminals no less, that were blatantly threatening his life, he should have filed a police report and then appear in court to make his case?
I am not American and I didn’t follow these events but sorry for me after watching that video it’s still complicated: the self-defense seems justified, but the initial issue of protecting property with guns is not: material possession and private property is not on the same level as human life. I understand a law allows it in that state hence the jury logical decision, but that doesn’t make it right, just legal. Had he not posed with an assault rifle in the first place two people would not be dead today, he is still morally responsible for that to me. So in the end I surprisingly understand Facebook choice.
The path from protecting property to protecting lives might be shorter than one wants to believe. People usually are not destroying property of others because its moral compared to taking lives, they do so because they left the morals of our society behind in the first place. Wanna take a bet that the guy running at you and screaming just want to tear your shirt?
>Had he not posed with an assault rifle in the first place two people would not be dead today
Had the victim not defended himself the offender could still offend today. I don't understand this victim-blaming, I really don't. If I see a guy with a rifle protecting his property, somehow its his fault I get shot after I charge at him?
I think you miss my point. I’m not questioning the self-defense, it’s pretty clear in the video, but the moral responsibility of someone protecting a property by being in the street with a rifle in the first place (I’m not talking about personal home invasion here).
Agree 100%. Many riots / burning of buildings / lootings were allowed while media spurred them on and called them peaceful protests. Police in many cities gave up on enforcement.
In those scenarios the state no longer has a monopoly on violence.
We believe also that you're responsible for your own actions. That include sthe guys who attacked him while holding the gun. It is also entirely stupid to attack a person with a gun rather than backing away slowly and moving elsewhere. You won't win in the situation 99/100 times so you should extract yourself from the situation. He was not breaking the law by being there with a gun. If he was this court trial would have had a completely different verdict. As with most things in life there are two sides to the same story and two sets of responsibility and expectations.
That’s what separates America from many places. While you say to the property owner, “property is not worth a human life”. We say to the burglar/arsonist, “is property worth [your] human life?”
Also assault rifle isn’t a thing. The term is a made up classification of a weapon.
Chiming in at the end here. Assault Rifle IS a thing, being "Select Fire" weapons typically at or above a certain minimum.
The ISSUE in this microcosm of the discussion is the CONFLATION of the terms Assault Rifle" with "Assault Weapon", which a a made up term by people trying to vilify firearms, especially scary black ones.
Assault rifles are certainly a thing, both in the descriptive sense -- everyone knows what the word refers to -- and in the prescriptive sense -- various armies including the US have or had classifications that defined it as a term for selective-fire weapons that fire an intermediate power cartridge like 5.56mm or Russian 7.62x39mm.
A caliber doesn't make an "assault rifle". I can buy a hunting rifle in those calibers as well. In the USA there is no -legal- definition of an assault rifle, it is a made up term to scare people. A semi auto shot gun, hunting rifle, and pistol are all easily within 90% as dangerous as an "assault rifle". Do those get banned as well? I think that's why people say it's ludicrous to say "we just want to ban assault rifles" because we all know what comes after that if you give in to that logic.
As a veteran of the US Marine Corps, I want to clarify this a bit for people.
Yes, caliber does not make an Assault Rifle.
No, it's not a, "made up term."
Shotguns, hunting rifles and pistols are optimized for specific activities and generally become less effective as the circumstances diverge from that optimized range or shooting position.
This makes them less ideal for killing humans everywhere we are found.
Assault rifles are optimized for human to human combat.
They are optimized to deliver a large number effective rounds down range, from a variety of positions at a variety of distances.
These tools are far more effective and efficient at killing human beings over an extended duration firefight in arbitrary circumstances.
It's the shape, flexibility and effectiveness of the platform that we're referring to when we say, "Assault Rifle."
Please don't muddy the waters here simply because the US legal system isn't able to overcome NRA bullshit.
The far left is using “assault rifle” as a scare tactic to get their foot in the door. They absolutely want to ban all guns from civilian hands. That's why I push back. I would be what most people call a liberal (socially and economically), but I also support the Second Amendment, so I know why the NRA pushes back on this non-legal definition. Plain old pistols, rifles, and shotguns kill FAR more people in a given year than assault rifles, so why isn't there push back on those? Because the anti-gun left wants a precedent to take guns and “assault rifle” demonization is one prong of that attack. So I will continue to "muddy" the waters. I guarantee you I have as much experience with guns as you as I have been around them and used them and studied them since I was a youth, so I guess there's that appeal to authority as well much like your own.
There are hunting rifles, and there are sport rifles.
>They are optimized to deliver a large number effective rounds down range, from a variety of positions at a variety of distances.
This is precisely where a blanket term like “assault rifle” becomes pretty impossible to specifically define, and consequently regulate.
>large number effective rounds down range
Based on this comment, you’re referring caliber? And capacity? And perhaps action? So what about a semi-auto 5.56 with a pencil barrel and a 5 round magazine? Still an “assault weapon?”
>from a variety of positions at a variety of distances
How would you interpret this into characteristics of a rifle? Does this mean it has to have a folding bipod? It has to be under a certain weight? *Any* rifle can be more or less effective at a variety of ranges. The cartridge and shooter have more influence over that criteria than the rifle.
>It's the shape, flexibility and effectiveness of the platform
This is feels territory. Because none of these are concrete characteristics inherit to this claim. Define “effective”, or define “ineffective”. Tell me how the “shape” would designate or exclude one specific rifle over another…
This isn't a compelling argument. Those "hunting rifles" are the designs that killed millions from 1910-1950 (probably more than any small arm before or after).
In the US, there are something like 3-400 rifle shootings compared to 40-50,000 pistol shootings. When you look up mass shootings, you'll see pistols used all the time because 20-30 rounds in a tiny pistol are about as lethal as 20-30 rounds in a rifle at close range against unarmored targets while being TONS more maneuverable.
Tavor x95 is 26.4" with a 15.5" barrel. The M1 carbine (already cut down from the M16) is 7.5" longer despite having a shorter 14.5" barrel and although the weight is technically the same, the Tavor seems 2-3x lighter because the weight is right next to the body rather than a foot away.
Tavor x95 Carbine (22.5" long) is almost a foot shorter and 3/4 lb lighter than the M4 carbine. The M4 CQRB blinds the shooter in dark rooms and loses tons of stopping power with the 10" barrel, but is still a quarter-pound heavier and 3.5" longer. Those inches have a huge impact on time to target which is critical indoors.
Despite this, countries like Canada which ban the "assault rifles" like the AR-15 still allow the Tavor. It's not about the style of rifle.
I'd also put forward that if efficiency were the goal, 6.5 Grendel would be used instead of 5.56 as it has almost 2x the momentum, 20% more kinetic energy, and 4x lower ballistic coefficient while only increasing weight 10-15% (still half the weight of 7.62).
The US has tried to move away from the AR-15 platform numerous times (and a ton of special forces who have the option already have). Each time, they run into the issue where the training costs (hundreds of hours for millions of people), rifle costs, and cost to replace billions of rounds of ammo are just too high despite the efficiency increases.
AR isn't the best. It's just the most pragmatic at the moment.
Given the reactions I’m not sure Americans are uniform on this, also it’s especially puzzling that in a country with Christian roots people would say that (I’m not talking about defending your life, children or home of course).
> Had he not posed with an assault rifle in the first place two people would not be dead today, he is still morally responsible for that to me.
So basically Rittenhouse 'morally accountable' for not foreseeing the unforseeable. How silly.
Rittenhouse attended a protest while legally carrying a firearm. 2020 had seen tens of thousands of people do the same. How many people were forced to fire their guns in self-defense at a protest? I can't think of a single one. Any risk he was incurring would have been remote and purely hypothetical. For that you hold him morally responsible for these men's deaths?
What about the actions of those men who he killed? Unlike Rittenhouse's attendance at the protest, their decision to attack Kyle Rittenhouse was decidedly not legal. Unlike Rittenhouse's choice to attend the protest, which carried only hypothetical danger, his attackers would have had no doubt that attacking a man with a gun carried risks that were neither remote nor hypothetical.
Remember, when conflict seemed imminent, Rittenhouse ran away, attempting to avoid conflict. His attackers chased him down and forced the issue.
Also being not an American, I'm puzzled as to how there is apparently no requirement to report self-defense killings to the police. I guess when they find dead bodies in the street, they just assume it was self defense?
Rittenhouse did turn himself in to the police. He was running towards them to do so, and when the Kenosha police wouldn't listen to him, he went to the police station in another nearby town.
Did he stop and talk to the police or keep going? How long after the shootings did the "police station in another nearby town" occur? Also, whom did the call after his first shooting-- the police or someone else?
He called his friend who owned the gun. No need to call the police when they were less than a block away. I'd also imagine that 911 was swamped given how so much of the city was being destroyed.
The protests were about perceived police brutality.
Cop's view:
A guy had a knife in the seat that they'd seen previously. He was wanted for raping his a woman and was in the process of stealing her van and kidnapping her kids. Even if there were no knife, you don't allow the rapist to get into the deadly weapon and take kids as hostages.
To them, the riots were unjust and a lot of them probably wanted to stop the city burning, but they were told to cordon off the area and basically forbidden from doing anything. At the same time, if they had to use force against a violent rioter, it would be all over the press and that officer would probably be fired. This leaves the armed citizens as the only line of defense (and a line without the police politics). This seems like the reason why they praise them in their interactions.
Politician's view:
The city is run by one family of Democrat politicians. Their party officially supported the riots with the now current Vise-President actually raising funds for the rioters. Going against the mob would not only go against the party, but it would cause the mob to show up at their houses (this happened in other cities) and might even throw their family's dynasty out of power. They didn't care about the part that was burning because it was the poorer parts of the city.
Citizen's view:
The politicians ordered the police to abandon them. They had signs like "we have little children here" in an attempt to keep their families safe (it seems that even having BLM support signs wasn't enough). The businesses were generally either not insured or under-insured. Lots of people worked at those places and were looking at not having a job. Everyone's cars were being demolished or burned. For many of them, everything they spent their entire life working on was ruined in a few hours.
Amed Citizen's view:
We've been hiding in fear for two days now as the police do nothing. If they won't, we will. Today, we're putting a stop to this.
Rioter's view:
I just did what I do best. I took your little plan and I turned it on itself. Look what I did to this city with a few drums of gas and a couple of bullets. Hmmm? You know... You know what I've noticed? Nobody panics when things go "according to plan." Even if the plan is horrifying! If, tomorrow, I tell the press that, like, a gang banger will get shot, or a truckload of soldiers will be blown up, nobody panics, because it's all "part of the plan". But when I say that one little old mayor will die, well then everyone loses their minds. Introduce a little anarchy. Upset the established order, and everything becomes chaos. I'm an agent of chaos. Oh, and you know the thing about chaos? It's fair!”
Wow, America is far more messed up than I had realized previously. Not sure I know of any developed country where armed citizens can simply chose to do that.
He tried to talk to them and they told him to go away. (I know, that seems strange to me too.) He went to the other police station at 1:30 am, about 2 hours after the incident.
Which content is that? Saying "Rittenhouse acted in self defense" didn't violate the FB policy, so what, specifically, could you say that is consistent with the jury that Facebook would remove?
The jury didn't conclude that Rittenhouse is a good person, or that his victims deserved to die, or that they were bad people or looters. The jury didn't conclude that America needs more people like Rittenhouse, or that we should celebrate his actions.
The jury concluded that he wasn't guilty of murder. That's all. You're a lawyer, you know that.
This case is so weird from a european pov. Rittenhouse would be certainly convicted of murder in countries like germany. The self-defense argument would get you some laughs at the trial.
What makes you think the case would’ve been adjudicated differently in Germany?
Edit: to be clear, certainly bringing a gun to a protest at all is illegal in Germany, so he could presumably be prosecuted for that, but it's not at all clear why he'd have been guilty of murder.
In the UK, aside from guns being highly regulated, taking the gun to a protest would be taken as a sign of intent to use it and the rest of the events would be interpreted in that light.
Of course in the UK he'd be looking at multiple years in prison just for the gun offence, and it's also less likely someone else would be waving a gun around in his direction.
I'm no expert on law, but it seems likely that in a country where publicly carrying a gun at all is illegal, that both Grosskreutz and Rittenhouse would have been able to legitimately claim self-defense had they shot and killed the other, because either could have reasonably assumed (even if incorrectly) that the other was some sort of terrorist or mass shooter.
I don't think so. I think the fact that they had taken a gun along to an event like this in the first place would be taken as pre-meditation, regardless of whether they believed themselves to be in immediate mortal danger when they actually fired the shot.
Although perhaps it would be enough to get it downgraded to manslaughter.
Me too! I'm not at all sure I'm right -- but then again, neither are (or should be) the people with hot takes shot from the hip about how obviously he would have been found guilty of murder in enlightened Europe. Thanks for the interesting discussion.
In the UK I assume that taking a gun anywhere would be illegal. So let's use a different analogy. If there was a protest in the UK and someone brought pepper spray, would that be interpreted as a sign to use it? If during that hypothetical protest, there were people jump kicking him and swinging skateboards at him, and he used the pepper spray, would he be charged with battery for bringing the pepper spray in the first place?
> If there was a protest in the UK and someone brought pepper spray, would that be interpreted as a sign to use it?
Pepper spray is also illegal in the UK.
> If during that hypothetical protest, there were people jump kicking him and swinging skateboards at him, and he used the pepper spray, would he be charged with battery for bringing the pepper spray in the first place?
Basically, going prepared with any form of weapon in the UK is illegal.
If you picked up something off the street, a piece of 2x4 that was lying around, that sort of thing, then you're likely to be OK if it's clear you were under attack. But if you're packing weapons ahead of time to go out to an event then you should either not go or expect that you will be charged with a criminal offence if you get involved in any trouble.
Bringing anything anywhere public with the intent of using it as a weapon, even the skateboard, is an offense in the UK. The discourse and social environment is just completely different; despite our own endemic violence issues the UK is simply a less deadly country.
“any article made or adapted for use for causing injury to the person or intended by the person having it with him for such use by him or by some other person”.
This case is also weird if you reimagine all of the participants as penguins in Antarctica. Since that didn't happen, it would be a waste of time to speculate what would happen in a completely different scenario.
As far as I can tell that’s not because of a real difference in self defense law, but because of a difference in gun laws. But the gun laws in America are what they are. Many people at this riot were armed: https://vimeo.com/461063053. Listen to all the gun fire at the end of the video.
Judging Rittenhouse as if he was in Germany makes no sense. Watch the video—this wasn’t Germany, it was Iraq. In Germany, the police would never have allowed armed rioters to burn down multiple city blocks over two days.
I'm pretty sure German law would find Rittenhouse acted in self defense, given the facts of the case. The people he killed were attacking him with weapons, one had threatened to kill him, he had a gun pointed at him, he was in reasonable fear for his own life, and he attempted to retreat before resorting to his gun. Remove all the media hoopla and it's not even a little bit unclear - put most people in that situation and they'd find it reasonable to use deadly force to defend yourself.
Meh. Not if you take into account the US constitution and the right to self-defence and bear arms (which makes sense if you think about it). You can't really compare to a European country where you'd get prosecuted simply for carrying a firearm.
Well the laws are different here. The jury decided what they thought given the laws of the state, not what they wanted to rule. That's the way jury trials work. It's not a morality trial, it's a "did he break the law" trial
I'm not european, but I'm not American either, and the case is weird. In isolation the outcome is correct but take a step back and do you not see what is happening to your country? Weird is an understatement. The entire set and setting for it shouldn't be happening in the first place. But it is.
I am european, but no longer living in Europe (or America) and I can't help but agree.
Kyle Rittenhouse isn't guilty of murder under US law, and the killings have been determined to be self defence. OK then.
But you have a young person being driven to a counter-protest by a parent, picking up a firearm on the way, ostensibly to use the threat of deadly force to help prevent property damage to some businesses as part of some sort of vigilante militia. There is just so much wrong with this picture before we even get to the (inevitable IMHO) tragedy.
OK, as usual, someone picks up on one of the least important bits to intimate that the whole point must be wrong. Perhaps if you'd read past that you might have been able to address the theme rather than one of the less important parts.
OK great, the mother wasn't involved, TIL. But the rest stands, there is so much wrong with the whole picture leading up to the (inevitable) tragedy.
You were incorrect about the thing which was the thesis of your comment! Not just incorrect but reality was in the exact opposite state as your comment portrayed it!
When a person manages to be wrong so efficiently, why on Earth should they feel entitled to partial credit for supporting arguments to a factually incorrect main idea?
> You were incorrect about the thing which was the thesis of your comment!
Then you misunderstood the thesis of my comment. Who provided the transport was the least part of it.
The main idea is that the picture is pretty damn f'd up when teenage civillians are going armed to protect private property at/from a protest.
That his mother didn't drive him makes it slightly less messed up, but the overall picture of US society it paints is pretty much the same giant WTF as it was before.
But the f'd up part is the property-destroying riots, not the citizens trying to protect the community. Take away the 2nd, there'd be more damage. Take away the 1st, everything would be fine.
> But the f'd up part is the property-destroying riots, not the citizens trying to protect the community.
I disagree. It's all a huge mess. Armed citizens setting themselves up as effective vigilante defence forces is terrible both for the circumstances that lead there, and the action itself. It really looks like a broken society, and is something I'd expect in far less developed countries.
> Take away the 2nd, there'd be more damage
Maybe, but maybe there would be more people alive.
Why is that what’s wrong with the picture, and not the larger issue that rioters were allowed to burn parts of a city to the ground for days? This case is also far from the only violence that took place there.
Indeed. My point of view is as a parent of a 16-year old myself. Kyle's parent needs to be locked up here. She's the guilty party, as the supposed guardian of this child. Kyle, defending himself in that bizarro situation, and given current law in that state, was innocent. But there's no world in which a parent should allow that situation to EVER occur. If we dropped a bunch of armed teenagers in the middle of a riot, we should expect mayhem and death, no matter what their individual politics are. We have a serious problem in this country and it isn't Kyle Rittenhouse.
The world isn’t neatly 18 or under 18. Grown children who were aged adults attacked a teen openly carrying a rifle. The guilty party is the aggressors who decided to lawlessly attack a person with every right to defend themselves. He went to administer first aid and was seen cleaning graffiti. She raised him well.
If you do have a child who is 16, you might understand. They are not ready to make these kinds of decisions. They are unbearably righteous, whether righty or lefty. They will go in and kill and be killed with whatever weapon you provide them. The worst thing you can do is to give them a weapon and put them in a war, unless you DO want death and destruction. For those downvoting me because they believe he is guilty, clearly he was going in with many motivations in mind, but probably thought he was doing the right thing. How can we hold a minor accountable without looking at his guardians? Don't parents hold responsibility for their children?
lol he didn't go to render first aid. He was there to be a tough guy. I agree with the outcome of the trial but let's not actually be naive enought to believe that made up garbage.
Yes, we are aware. There is more ideology behind this case than just guns, for most people. My perspective: There has been an increase in violent rioting and looting across the country. The city governments are largely complicit in this and refuse to stop it from happening. The police are restricted by the city governments from performing their duty as public defenders. This unlawful behavior — and I don't just mean rioting, but also simple crimes like shoplifting distinct from any protest; cities such as Seattle have declined to prosecute all such crimes for a long while now — has become so ubiquitous as to be obviously trending toward ruination of communities. In brief, small business has already started to leave these areas, and large businesses are shuttering as well. They simply cannot remain open in the face of unchecked crime.
Now, when the state fails to uphold its obligations and the social contract is broken, what happens is that people either flee the area, or they turn to vigilantism. Doing nothing is a privilege few can afford. The people living in these communities do not want to flee. They have tried calling the police, but the police do not come. They have tried voting, but it doesn't work. They hear of another impending riot. They decide to defend their community. This is the setting of the Rittenhouse saga, and many other such sagas soon to come. Yes, it is a 'weird' situation in a first world country, but it is not weird at all in the annals of history. The case resonates emotionally about more than guns — he is either a hero who stood up when no one else would to stop this madness and defended himself from the violent hordes, or he is an instigator who inserted himself into a lawful anti-racism event and joyfully gunned down the peaceful protesters.
Well yes, people shouldn’t have been allowed to burn down a city, loot, and commit violent acts for days on end. Of course that’s weird, this case is really just a small part of it.
Are you not allowed to shoot someone in Germany if they fire a gun into the air and then point it at you? What about if someone is swinging a blunt object violently at your head? Is there just not such a thing as "self defense" in Germany?
I feel like I sound like one of the right wing sympathizers but I'm honestly just curious how things work over there, are you willing to explain?
You can't shoot someone in the US for swinging something at your head. Otherwise all bar fights would end in gun violence like in a cheesy Western film.
If that something is a deadly weapon sure. If it's fisticuffs and shoving then no it's not unless someone has you on the ground and is pounding away with no sign of letting up. I would say you would need to be beat half to death though or the jury is going to laugh at you.
This is simply false in most states. In short, you can shoot someone dead if you "reasonably believes such force is necessary to prevent imminent death or bodily harm to himself / herself or another". This does in fact include a guy punching you or trying to punch you.
This whole comment shows that you really don’t understand physical violence/haven’t been involved in it. One punch can easily cause physical damage that can ruin lives. One hard shove can crack someone’s head on a concrete curb. These are all things I’ve seen happen. The idea that you could be “beaten half to death” and then have the presence of mind to decide that it’s ok to defend yourself with a weapon is equally absurd.
Depends on what they're swinging, if they are swinging a lead pipe or brick it would absolutely be an act of self defense. Just a fist meh I don't see it happening unless there are multiple assailants attacking you
Not so if the shot down people can also make the case that they feared for their lives because you were carrying a weapon and that is why they pointed a weapon at you in the first place. There is a good reason why only highly trained government forces are allowed to carry a weapon let alone some teenager.
> Not so if the shot down people can also make the case that they feared for their lives
Can you cite the specific German statute or case history that says this? Or is it just what you intuitively expect to be true?
> There is a good reason why only highly trained government forces are allowed to carry a weapon let alone some teenager.
For what it's worth, I wish that were the case in the US too. But whether carrying a gun is illegal is a different question from whether using it in this specific situation makes you also guilty of the additional crime of murder.
If you can read German, then search for the term Putativnotwehr - or Erlaubnistatbestandsirrtum which looks so much more German. It refers to an understandable, but wrong belief to be in a situation that justifies self defense.
It is a valid excuse in penal law, yet it does not apply to civil liabilities. You can still be sued for damages. An official prosecutor told me that you can use it once in your life to beat somebody up. After that, they will not believe you anymore.
However, I completely agree that it does not make sense to judge the Rittenhouse case by German law.
If a hispanic guy being aquitted for defending himself from three white attackers is your best example of white supremacy in action and your reference is from the civil war - maybe take a deep breath and realize the country isn't doing as bad as your peers at facebook claim
Somehow I watched 1 or 2 videos on twitter right at the time, and got a good sense of what happened, that ended up being consistent with the jury ruling. These weren't even political posts, just some OSINT people I follow. I was not aware of any "misleading media narrative," since I don't consume any mainstream media outside of occasional twitter posts. Once the trial started I was actually very surprised how many people had zero clue what really happened, yet had strong opinions one way or the other.
This decision by Facebook probably does reverse something that was a mistake in some vague, ethical sense, but I disagree with the characterization that Facebook should be responsible for people's personal worldviews. You can't just give up all personal responsibility to Facebook and then complain when they do bad things with that power. They made a decision for business and legal reasons and we can criticize them from a business or legal perspective, but the narrative that "Facebook should have known better and it's their fault that people were misinformed" is just odd to me. It feels like a "have your cake and eat it too" situation with personal responsibility for being informed about the world.
Imagine you were wrongfully accused of a heinous crime, and were being dragged through the mud in the court of the press. You may have an option to present your side of the story, one which is highly persuasive. Yet this is actively suppressed on the town square of today, Facebook and Twitter. You aren't even allowed to raise funds on platforms like GoFundMe.
As a result, the general public's first impression of your story is never challenged, and it becomes accepted as truth, despite being blatantly false.
Does Facebook have no obligation, even if only a moral one, to let you at least defend your own reputation when it allows literal defamation about you to be published unmolested?
Was this suppressed on Twitter? What about the NYT publishing an objective analysis of the situation? Aren't we discussing Facebook, specifically, here?
In your scenario, do I not have any other options for showing my side of the story other than Facebook?
To be political, this has more implications on the censorship in general. So what if one censors/distorts more than the other
One is supposed to be a news agency, the other is supposed to be an information sharing platform for private individuals. There is some conflict here whenever you decide to pump a specific narrative.
There have been reports of people banned from Twitter for tweeting e.g. "Rittenhouse did nothing wrong." [0][1]
> In your scenario, do I not have any other options for showing my side of the story other than Facebook?
I guess you could go with alternative college newspapers? The town crier method? Creating a blog?
My point isn't necessarily that you have zero way to attempt to give your side of the story –after all, Rittenhouse's attorneys, people who saw the videos & defended Rittenhouse in public and even the NYT all produced content and were able to spread it among themselves–, but that your enemies have a tech-amplified bullhorn to distribute false claims about you (most of which are "opinion"), which you have been deprived of.
In my opinion, it's not hard to see that in the absence of additional rebuttal context, especially the kind that disrupts the original framing, people's first impression will become hardened into "their truth."
I mean, yeah. Doesn't make it reasonable. You can either argue it's unreasonable or argue that Facebook should behave "ethically" here, I don't think you can have both. It seems like people want Facebook to help everyone to have a strong opinion based on zero knowledge, but they want everyone to have the "correct" opinion.
I think social media doesn't give people "the wrong opinion," I think it gives people opinions in general when they shouldn't have any.
I remember a professor with a book he was going to publish in the 1950s and the dock worker who was doing immigration saw it and said “Nobody is gonna read that”. He thought it was very funny that all Americans have an opinion on everything. People also did read it.
On the flip side facebook absolutely should be able to control what's on their platform as a private company. You can't have it both ways. They have freedom of speech as well as to the right to control their property and do business with whom they choose. I can't stop someone from spouting nonsense on the public sidewalk in front of my store, but if they try it inside my store then I can absolutely kick them out.
Facebook is very damaging to the fabric of society and this is just further evidence of it all. If Facebook employed an even remotely accurate sample of the population based on political leanings and backgrounds for their content policy team this would have never happened. I think the amount of blame the left and media placed on Facebook for the 2016 election of President Trump are to majorly to blame for the whole situation.
I mean I agree with you on the technicality, but the uniquely American view that someone can take a gun to a protest and not be looking for trouble is a very interesting one.
"Protest" is an incomplete characterization. The night he was there was the second night of wanton destruction. It was something between a riot and a protest. I have a hard time grasping the racial justice achieved by destroying property owned by people of color.
The problem is that when the government is derelict in it's duty (or, if critical mass of people believe so), this is the expected outcome. If people lose faith in the government to protect them, they're not going to roll over and die, they'll take whatever measures they deem fit to defend themselves and their property.
Law Enforcement exists for a reason. Maintenance of a degree of order keeps the populace happy while professionalism and codification of enforcement moderates the response (at least in the general case). Ideally, it's the "win-win" scenario where the perpetrators get to be treated well enough, while the populace is confident that violations of their safety and rights will be addressed.
I agree, as do many of the level-headed takes I saw in threads following the live trial. It's been rumored that the police department pulled out of a large part of the community based on instructions from the mayor's office [0]. Hence, if the rumors are true, the real fault here lies with the local administration.
[0] I have no source, but it seems consistent with the police behavior observable in the videos.
He took a gun to a small business at the owner's request, per police investigation, photo and video evidence, and the sworn testimony of numerous witnesses. The riot came to him.
He took a gun to a protest because he had the right to do so. He can take a gun to home depot if he wants to. Doesn't matter if he was "looking for trouble", he had the constitutional right to do that.
I didn’t know that Home Depot allows guns, but I just checked, and apparently Home Depot allows even open carry in jurisdictions where it’s legal. Nice, I like Home Depot even more now.
> There is a reason more civilized countries have decided that the state should have the monopoly on violence
There are only two kinds of individuals that argue someone shouldn't have the right to self defense or the right to keep and bear arms: A) someone naive to history and the purpose of that rifle on the labourer's cottage wall or B) someone attempting to argue in bad faith as they wish to disarm them to do evil to.
It's clear here based on your shown bias, wanting to paint certain political opponents as "violent", but then ignore the other side of the spectrum that caused this situation to develop, that was literally burning the town down, we can determine that you fall into group B here. Some of us watched our family trees get erased because individuals like yourself feel that only the authoritarians should have access to firearms throughout history, and some of us are not OK with that behavior.
Not happening, but you can try to come and take it.
> Personally I am sick and tired of the way this character is now put forward as some kind of saint, in my book he's a multiple murderer and there isn't anything that will change that.
If you refuse to accept any concept of self defense then of course your going to convict him without looking at the evidence. By your standard it’s impossible for someone to defend themself with lethal force as the use of that force would be automatic guilt.
> There is such a thing as intent and I don't buy for one second the self defense angle, that's akin to me tooling up with a bunch of weapons, walking into a bar fight and then shooting people that come after me and claiming self defense.
Walking around your neighborhood is not walking into a bar fight.
Furthermore anyone that charges at someone open carrying a rifle clearly demonstrates intent to kill. The right to defend oneself does not come from the laws of man, that’s an innate right.
> Of course the violent right now have their poster boy and a fantastic fig leaf to engage in some more of this, beware of sowing wind, you'll end up reaping storm.
What a sad interpretation. A boy shot three men that tried to kill him. Interestingly, all of them turned out to also be convicted felons who likely were not out for any peaceful reason. One of them even had an illegal hand gun that he admits he pointed inches from the boys face before the boy shot him. It’s a great verdict because it shows the jury wasn’t swayed by the massive amount of misinformation about the circumstance.
> There is a reason more civilized countries have decided that the state should have the monopoly on violence. This isn't 100% ideal either but at least it stops this kind of excess.
The events leading up to the Rittenhouse shooting were explicitly caused by the State giving up their monopoly on violence. They refused to enforce the law and let a bunch of rioters burn down half the city. They demonstrated that they will not protect your property or even your life.
> He didn't. He drove out of state to a new neighborhood... with a gun. Thats asking for trouble.
You’ve been lied to. Repeatedly.
His father, grandmother, best friend, and job were in Kenosha. Yes he lived a short distance away in another State, but he was in town nearly every day. It was his neighborhood.
And he didn’t “bring a gun across state lines”. He was given possession of one, in Wisconsin, which is legal for a 17 year old.
Nothing you posted there is true, you didn't follow the case did you? There is nothing illegal with him living on a state line like that and traveling. He also did not cross any border with a firearm. He also traveled less distance than Rosenbaum did.
His father lived there, and he didn’t drive out of state with a gun. This is just factually wrong.
I recommend getting your information from the trial itself as much of this is spelled out quite clearly.
Juries are instructed to rule according to the law. Whether the law is "right" or "wrong" is a different matter altogether, and it's not what the trial was about.
This is not how you run a civilized society. The problem is not so much the trial as it is the events leading up to it and the fact that kids walk around with powerful weapons. But please ignore me, and ignore the future consequences as well, this isn't going to solve anything.
> The problem is not so much the trial as it is the events leading up to it and the fact that kids walk around with powerful weapons.
Do you also feel that way about the armed vigilantes on the other side of the incident? Was it ok that Gage Groskreutz was menacing people with his gun, and was never charged with a crime, and never even had his gun confiscated?
There were many armed civilians that night with guns, why are you only concerned about Rittenhouse? Is armed vigilantism if a militia says that it is "anti fascist"
I agree that events leading up to the shooting were problematic. If respected media commentators had not glorified riots or villianized the justified police shooting of Jacob Blake, or if the Mayor of Kenosha had requested further National Guard in advance of the second night of riots, or if the police had not abandoned downtown Kenosha to a mob armed with rifles and handguns, none of this would have happened.
The immediate consequence of the shooting was an end to destructive riots in Kenosha. As an American, I hope future consequences include a tapering-off of destructive pointless riots. If you come to my town, threaten to kill a kid defending local homes and businesses, light a bunch of the town on fire and then pursue and attempt to kill said kid, you deserve whatever happens to you. If Rittenhouse hadn't been armed, he'd likely now be dead.
Police brutality in another state doesn't give you the right to burn down my livelihoood, burn down my home, or kill me. Unfortunately, NPR and the Washington Post led many to believe otherwise last summer [0][1].
Many rioters openly brandished rifles and handguns. One such rioter fired the first shot of the Rittenhouse incident [2], contributing to Rittenhouse's (true) belief that he was under attack. Rioters sent a 70-year-old man to the ER on the first night of riots in Kenosha, breaking his jaw and knocking him out when he tried to stop them burning down a business. Rittenhouse saw all this on TV before he went to Kenosha next day to help clean up riot damage. Incidentally, the parts of Kenosha that burned were mainly minority-owned small businesses and apartment buildings [3].
If you threaten to kill someone, chase them down a dark street and then attempt to kill them at a riot that you started, the fact that they're armed and you're not means squat. Don't try to kill kids and burn down their towns. You'll live longer.
"Rittenhouse is the one who is armed. People might not have attacked him if he's not brandishing a firearm."
Interesting argument, especially given the video clearly shows Jacob Blake, whom the police shot, was threatening said police with a knife. And he was the "reason" for the protests & riots.
> This is not how you run a civilized society. The problem is not so much the trial as it is the events leading up to it and the fact that kids walk around with powerful weapons.
You may be right, and personally I agree with you that bringing a rifle to a partially violent protest should be illegal, and that Rittenhouse is no hero or role model, but nothing you said has anything to do with whether this was murder or self-defense. Even if his possession of the gun had been 100% illegal, that would be a different charge.
It feels like you're conflating several questions: (1) whether Rittenhouse is a good or bad person; (2) whether it should be legal for people to walk around at night with a giant rifle; (3) whether what happened in this particular instance was murder or self-defense. All three of these are actually completely unrelated questions.
And you are ignoring the events that led up to a kid walking around with powerful weapon in the middle of a riot. In your other post, that is now flagged, you talked about how other countries have a "monopoly on violence". That monopoly was lost in Kenosha when the cops didn't intervene and the governor of the state refused to call in the national guard to put in an end to the riots.
Dangerous political gamesmanship between Trump and various mayors and governors got people killed, destroyed a ton of property, and has done permanent damage to the social fabric of this country.
I really think we should bring back a version of fairness doctrine [1] or right of reply [2] targeted at platforms like Facebook or Twitter. This is not really my area of expertise, but I suspect that might be more effective and practical than repealing Section 230 for addressing blatant censorship like this.
Good old days of the yore, when Twitter's general manager quoted the CEO saying "We are the free speech wing of the free speech party" [1], and the ACLU would rigorously defend free expression.
The BBC does not mention it, but Rittenhouse's ability to raise funds for a legal defense was also hindered on many levels, including blocks by Twitter, GoFundMe, and the Discover payment processor: https://reclaimthenet.org/facebook-blocks-givesendgo-kyle-ri...
Perhaps if their blocks were successful in preventing his legal defense, they could now claim to be justified by a guilty verdict..
Yes. The tech industry has made itself look exceptionally bad here. Facebook did something deeply unethical and now it's blown up in their faces. They will not admit that's what they did, but it was. They have directly contributed to the erosion of the principles of justice for no better reason than to appease radical employees.
The funny thing about social media companies censoring is how they keep making the case for free speech over and over again without realizing it.
Mill:
> First, if any opinion is compelled to silence, that opinion may, for aught we can certainly know, be true. To deny this is to assume our own infallibility. Secondly, though the silenced opinion be an error, it may, and very commonly does, contain a portion of truth; and since the general or prevailing opinion on any subject is rarely or never the whole truth, it is only by the collision of adverse opinions that the remainder of the truth has any chance of being supplied. Thirdly, even if the received opinion be not only true, but the whole truth; unless it is suffered to be, and actually is, vigorously and earnestly contested, it will, by most of those who receive it, be held in the manner of a prejudice, with little comprehension or feeling of its rational grounds.
The last point is the least obvious. Pro-Rittenhouse views were "held in the manner of a prejudice" by those who had them because they were censored. When those views aren't censored and there's a healthy back-and-forth, moderacy tends to prevail.
Facebook can choose to host whatever opinions they like as they own the platform. Obviously as long as those "opinions" are legal and not such things as terroristic threats, etc. That also is free speech and the right to with your property as you like.
Everyone is well aware that the first amendment does not apply to Facebook. The question is whether Facebook should censor not whether they legally can. The passage I quoted from Mill is an argument for free speech in general, not only with respect to the government.
I hadn’t heard of this policy. It makes sense to me how people were so uninformed about what happened that night if Facebook was banning videos supporting Kyle and most of the media wasn’t being impartial. Anyone who spent time watching the videos wouldn’t be surprised by the verdict.
Considering Kyle killed people, at a very contentious and politically sensitive time, its understandable that the story was banned.
I've heard some very bad hot takes that basically amount to "he should have killed those people". Advocating for killing people is way less controversial than whatever "nuance" people want to assign to the case regarding legal standing of guns and various self defense laws.
Its not crazy to imagine someone thinking to just ban that whole discourse from a platform, even if takes some "genuine" and not-murderous conversations with it - simply to avoid people advocating death.
The story wasn't banned. His name was banned from searches, as one does for mass murderers. And statements of support for Rittenhouse were banned, as one does for mass murderers - but anything you wanted to say about "the events in Kenosha" which was against Rittenhouse were allowed.
Mass murderers aren’t banned in search, and he is not a mass murderer, being attacked by several people and defending himself does not make him a murderer.
I understand that. My point was that fb was treating him as a mass murderer even though he wasn't. And the names of mass murderers are frequently banned shortly after the event...I'm sure it is eventually lifted but that is how they operate.
Did Facebook ban statements of support for Darrell Brooks, of the Waukesha Christmas parade massacre? Legit question, I don't know the answer but if they want to be consistent they should (I'm guessing they don't, and they did not).
Gofundme did the same thing. They killed the gofundme for Kyle's legal defense and then after it didn't matter anymore they "reversed the decision".
this article talks about a post the family of a recent school shooter made praising/defending him on facebook - so obviously facebook is applying this rule very selectively. I think it would help their credibility if they had examples of other times they apply these rules - but it seems more like they make up the rules on the spot and apply them based on their internal politics.
Definitely gives me pause to hear things like Facebook disallowing support of an individual embroiled in a hostile media environment and dubious criminal charges. Where would figures like Amanda Knox be if a similar wave of thought-crime style censorship were deployed at scale?
Of course large companies setting narratives is not a new problem for us - large media conglomerates have done similar things for decades. But the scale at which Facebook operates and the reach it has, to say that support of Rittenhouse was disallowed as an opinion on the entire platform - just gives me serious pause.
I think the big question that we have to ask ourselves is, in the contest between the right of speech of the individual and that of private corporations; Where, if ever, do we draw the line when the latter erodes that of the former.
The whole self-appointed "fact checker empowered to cancel" movement has to stop. Far too much fair disagreement, and objective truths, have been maliciously "cancelled" for not adhering to a given narrative on public forums.
I get that "freedom of the press" does not include freedom to use someone else's press, and the owner has the absolute right to decide who may use his press. That said, we have a legal differentiation between "publisher" and "common carrier", and by culling §230-protected content in a clearly biased manner Facebook etc is establishing themselves as "publisher" culpable for libelous & criminal content.
Facebook fact checked a friend's locket that her mother gave her. It was bizarre. She posted a photo of the locket, Facebook blurred the photo and added a 'Independent fact checkers have determined this is false information' warning. The problem? The locket has a quote on it by Ralph Waldo Emerson. Apparently independent fact checkers are unable to verify that Emerson ever said the quote so it had to be blurred for our protection. Whether the quote is accurate or not, it's strange that Facebook is now policing gifts people give their children.
> by culling §230-protected content in a clearly biased manner Facebook etc is establishing themselves as "publisher" culpable for libelous & criminal content.
No, they aren't. True, if it were not online, Facebook's involvement with selection of which provided content to promote might make them a publisher (it's kind of hard, because both bookstores and other distributors and publishers, offline, actively select content in very biased ways, but face very different liability regimes). But while you reference “§230-protected content”, you fail to understand the operative language of § 230: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Note that there is no “unless, as a provider, they choose to promote that content in a ‘clearly biased’ manner” caveat. Just a bar against the provider being treated as a publisher of content that originates from someone else.
You omit the qualifications for that exemption, which speak heavily toward good faith and minimal impact, which FB/T/etc are going way beyond and will likely have to defend in court with difficulty.
No, I don't, because there aren't any that are relevant here.
> which speak heavily toward good faith and minimal impact
No, 230 has an additional immunity for good faith effort by a provider or user to restrict access to material “the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected” [47 USC § 230(c)(2)], which is in addition to the blanket protection from being treated as a publisher [42 USC § 230(c)(1)]. But note that since this is for material the provider feels is objectionable, the “good faith” involved is nothing like neutrality. There is no “good faith” caveat of any kind on the immunity in § 230(c)(1).
“Minimal impact” doesn't figure into it at all; neither the phrase nor any condition or restriction accurately summarized by it appears anywhere in § 230. That's complete fabrication.
Mountain_Skies' anecdote above certainly does not meet any form of "obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable", nor does (say) any of the objective reporting & fair discussion of the Kyle Rittenhouse incident, or other commonplace views normalized among fully half the population.
Arbitrary culling of content which does not constitute "obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable" is exactly what "publisher" applies to, and which is the point of this thread.
We can agree to disagree, while watching Kyle Rittenhouse sue Facebook (maybe not quite into oblivion, but the number of digits in the settlement check should be striking) and the court clarify exactly which of us is right to what degree. Popcorn?
The quote that got Facebook's independent fact checker's wrath: “Do not go where the path may lead, go instead where there is no path and leave a trail.”
There might be some extra context here. When I searched for Ralph Waldo Emerson censor Facebook, older articles about James Woods and Donald Trump using a very different Emerson quote popped up. Tech companies censored those so it may have made them overly sensitive to anything involving Emerson, perhaps even using automated systems that are still running (the locket photo that was sanitized for our protection was posted earlier this week).
I really don't think Facebook should be in charge of making speech moderation at this level of specificity.
Social media platforms have become the public squares of the 21st century, and as such we need to treat the right for free speech on those platforms as important.
That doesn't mean we can't change these platforms to favour desirable engagement. If our physical public square were very small, everyone might be reduced to yelling to hear each other. So we make our physical public squares large and open! Maybe if we put a tree in the middle, it will calm us down and help us engage with each other.
But we will never appoint a public square moderator who arbitrarily decides what can and cannot be said. Neither should Facebook.
The problem isn't you, but others who do not try to curate their own diverse sources. When time comes to make democratic decisions, if those who are influenced outnumbered people like you, there'd be no way for you to make your case and convince the others of your correctness.
Is it really a healthy democracy if the flows of information are controlled from the top down? If I provide you with a tuned set of information in which everything says what I cant, I can get you to believe whatever I want.
This is just changing the source of said influence, not removing it.
but the facebook/social media isn't "controlled from the top down" - it's people deliberately choosing to _only_ consume them (thus giving those media companies defacto control over people's tuned set of information sources).
I'm saying that most people don't care enough to look for separate sources and do their own critical thinking.
I'm not sure if we're talking past each other here. Going to clarify my opinion on this a bit.
- Facebook is generally considered in colloquial terms, a "platform".
- Expectations by the users are thus that Facebook (the entity) does not dictate opinion, but instead provides an avenue for hosting and discovery of individual opinion.
- Thus, to the userbase, Facebook is not a Single source, but is instead a aggregation of multiple sources of "information" (or opinion; Scare quotes were intentional)
- One-sided enforcement of opinions on topics breaks the above assumption, converting it from "platform", to "publisher".
- This represents far more centralization of information control than the previous "platform" state. I think "centralization" captures my intention here more than the previous "top down" descriptor.
One of the assumptions of a free democracy is that people, as individuals, are permitted to discover their own opinion from available information. It's imperfect, but it's pretty important. If we severely restrict the pool of available information to just the slice amenable to whoever is in power, that's in effect the same as forcing their opinion. After all, you can't form the opposing opinion on something if everything you can find supports it.
Addendum:
On the gotcha of "Facebook's right to free speech". I'm of the opinion that this must be taken in light of scale and the subsequent threats to the individual right to free speech. Here, I declare (unilaterally, agreement may vary) that the individual right to free speech should be held above that of the corporate right, especially when scale is considered. I very much consider the largest digital spaces the closest analogue to the modern public square (some would disagree here) due to their scale and ubiquity.
Orgs like Facebook who use "Independent Fact Checkers" need to reveal their sources otherwise there's no reason to believe the "Independent Fact Checkers" aren't Facebook employees making arbitrary or even ideological rulings on what is true and what is false.
Might be downvoted but there was a fact checker website that denied at the time President Trump’s claim that Kyle had acted in self defense. This was a year ago and I saw it for myself as still being up a few weeks ago. I am not an American and I really see both sides here. The jury system worked as per the law defined in the US (and I am not a pro 2A person ) but I also agree that most likely increase vigilantism which will be good for no one.
> I also agree that most likely increase vigilantism which will be good for no one.
If the alternative to vigilantism is mob rule I'll choose vigilantism. The real issue here is that this should not be an issue for those living in a western-style representational republic or democracy to deal with, this being the task of the police.
If the monopoly on violence - i.e. the police - is not used to keep the violent at bay others will have to take up that task or the violent will rule - there are plenty of examples in the world where this has been and /or still is the case. That those "others" can end up resembling those they were formed to keep in check is an unfortunate aspect of that type of society and one of the reasons why the monopoly on violence was created. The solution to this conundrum is therefore to refrain from unilateral pacification when confronted with violent opponents. It also means that those politicians who acted upon and/or instigated the "de-fund the police" sloganeering have a lot to answer for, this being as stupid as de-funding the fire brigade when the city just caught fire (which it, incidentally, did in a number of cases).
I agree "defunding the police" is such a vague term and is pure political poison.And that is why almost no one apart from a small vocal minority consider it as a policy worth pursuing.
Vigilantism is not good. Sure, if you are under threat or the ones you care about are under threat, you have every right to protect yourself.But you can read about Ahmaud Arbery's shooting to consider where vigilantism was at play and he was shot to death.
I fear if more people are emboldened by the court's decision to acquit Kyle to take the law into their own hands especially in cases where the self defense angle is not justified, it is a slippery slope to be on. Ahmaud Arbery's case is one such example also.
The increased vigilantism is directly related to the media demonizing the police and misrepresenting facts. If the police are demonized and told to stand down by mayors during times of riots then someone will fill that vacuum. If you don't want vigilantism then you need police and politicians to do their jobs.
In my opinion, this and many other issues in the past few years are due, almost exclusively, to reporters viewing themselves as activists instead of reporters of fact. This specific case has too many examples of this to be coincidence, from the way the Jacob Blake story was reported initially( failing to report on the knife), to the intentional misrepresentation of the facts in the Rittenhouse case.
Add the tendency of the press to fail to report on anything which doesn't fit the required narrative, e.g. the recent example of multiple vehicular homicide in Waukesha where a casual reader would conclude that a self-driving SUV went rampant, the way the school shooting in Timberview and the subsequent release of the shooter (including a festive reception by his family) was buried [1] and far too many other examples of what is clearly an agenda. What those media seem to fail to realise is that they have lost nearly all trust among the general population - i.e. they are preaching to their own activist choir.
Wow. This is one of the most chilling things I've seen in a long time. So divorced from reality (suffering from TDS) that they're on the "war is peace, ignorance is strength"-level of delusion. They're the ones who have elected themselves as the arbiters of what is "fact", what is "truthful". Orwellian is underselling how insane this is.
Between Facebook banning any support, President Biden labeling him a white supremacist, and the Democrat head of the judiciary committee Rep. Jerry Nadler suggesting a unanimous jury verdict was a “miscarriage of justice” which needs to be investigated, Rittenhouse is going to a busy man.
Most likely not. As was pointed out by a lot of lawyers who followed the case (that I watched on YouTube), defamation lawsuits after a criminal prosecution are very hard to pursue. Also public officials enjoy anti-diffamation protections generally, especially the president and member of congress and members of the senate.
At the very least, Biden was not an elected official when he made his first remark, merely running for office I think. Several highly public figures have also made comments after the trial, continuing to call him a murderer (and white supremacist) even though he was found not guilty.
I am fairly certain that he isn't considered a public figure, aside from the trial itself, so the bar for libel and slander is much lower than if he were a celebrity.
Nick Sandmann got absolutely massive settlements; I am curious as to the extent that the situations are similar or different.
I praise all censorship and all inconsistency by Facebook. Poison discourse to the point that it stops happening. Facebook is a platform for manipulation not for communication.
Fail-fast attitude can be attractive until you realize that the failing is not happening in the way you imagined. What if Facebook censors very inconsistently, AND people end up being indifferent toward it? Then Facebook will be a successful platform for manipulation, the polar opposite of what the fail-fast fantasy would project.
The question is, if media centralization continues, what evidence/perspectives could have been removed from the public sphere, and what impact could that have on impartiality?
Tech has the potential to decentralize power. Alas...
They appear to censor, appease their advertisers, but actually they are amplifying. That is in their (Facebook) economic interest.
If you decentralize you will end up with a media for each particular group, and you will have less engagement as you are only discussing with people you agree with.
In censorsing they might have amplified the story, but this amplification only occurred after the matter/case was decided. That is too late.
> If you decentralize you will end up with a media for each particular group, and you will have less engagement as you are only discussing with people you agree with.
This already happens with centralization, as the OP raised. Multiple groups at least offers the choice.
To be clear, for a year, Facebook banned content that would have been consistent with what an impartial jury ultimately found about the case. Which would have corrected a misleading media narrative about the situation.
The NYT has a good video of what happened with Rittenhouse: https://www.nytimes.com/video/us/100000007409660/kyle-ritten.... Apart from the voice overs, it’s nearly identical to the pro-Rittenhouse videos circulating back in 2020. If you watched these videos, the jury verdict would have been totally unsurprising to you.