On kernel mailing list behavior

But the continuum above and below "reasonable threat" is so well established that it's established *in US Law*: "assault" is what happens when someone makes a threat against you which a reasonable man would construe as a valid threat.

If that midget who punched people's crotches on Scrubs threatened Arnold Schwarzenegger, that wouldn't be an assault, legally. The reverse would. It's what the Russians call "objective circumstances".

A "reasonable person" as the law defines that, and as case law from judges and juries illustrates it, would not construe the comments made about Greg KH as reasonable threats, even in the abstract (as opposed to their being aimed at a particular person *by* Greg), absent a pretty clear indication that Greg has a violent nature and is prone to go about "squishing" people.

So, out here in the Real World, no, it is not in fact reasonable to construe that entire conversation as violence, discussions of or incitement to violence, or anything near it, and the law -- and the reasonable man -- will construe you as a crank if you do.

If Greg KH *said that to Sarah*, *as a total stranger*, it would of course be a completely different situation. But the situation which pertains here would, I think, get an DA yelled at for even filing it, assuming her boss would allow her to. (See, there's no way in English for me to make the boss female too, to complete my point.)

Finally: by going off on a rant about this particular issue in this particular context, Ms Sharp is doing no favors to the people who *are* on the reasonable-person side of the divide; viz all the convention-harassment issues that are presently big topics for discussion on the Net.

Alas, I fear, this conversation -- the whole page of it -- will ultimately prove mostly fruitless as -- as with so many such arguments -- the two sides can't even agree on what the topic is.