Can Democratic Supporter Be Prosecuted for Slapping Mayor Barrett?
Yesterday’s Wisconsin recall election became even more heated when a supporter of Democratic candidate Tom Barrett slapped him across the face. The mayor was expecting a hug or a kiss, but instead got a slap ... to which Neil Cavuto asked, “where do you legally draw the line?” Judge Andrew Napolitano joined Your World to answer that very question.
The judge said, “You give maximum possible protection for the political speech. Now, slapping is not speech. We watched this slap till we were blue in the face … It appeared to me
as a neutral observer as though it was sort of an aggressive love tap. Because his security detail was right there, the security guy smiled and the mayor smiled.”
Judge Napolitano explained that if it’s unwanted and offensive touching, then the person could be prosecuted. He said, “Prosecution usually requires more than just speech, it would require touching, it would require a weapon, it would require proximity.”