A hypothetical question, inspired by the IMHO discussion of the events in Charlottesville.
Suppose I am in a public space, and someone approaches to within twelve inches of my head and begins banging a cowbell as hard as they can. For the sake of discussion, consider two possible volume levels, one of which is injurious to my hearing, and one of which is merely very (deliberately) annoying.
What actions by me are permissible under the law? Is this regarded as an assault that I can legally repel with “reasonable” (i.e. nonlethal) physical force, e.g. pushing them away or taking their cowbell and throwing it on a nearby roof?
Do I have no legally permissible option other than to leave the area?
What can I do if the person follows me and continues hammering the cowbell in close proximity to my head no matter where I go?
Interesting question. If it’s loud enough to actually damage your hearing, or even just to give you a headache, then that’s surely battery, and you are entitled to defend yourself with reasonable physical force. But the scenario where it’s just an annoying level of noise (or any other type of deliberate provocative annoyance) is interesting.
If it’s sufficiently injurious, it’s a battery that can be prevented consistent with the self-defense law of your jurisdiction (which may or may not require your attempted retreat).
You probably need to make at least one further distinction between non-injurious and lawful and non-injurious and unlawful: there are probably circumstances in which the cowbell banging isn’t battery, but might nevertheless be some other crime or civil violation, in which case your recourse could involve calling the police or getting a court injunction.
You are definitely being assaulted in the general sense of the term, but state laws will vary on whether it’s criminal assault if it’s simply annoying. If it’s loud enough to injure your ears than it’s no different than an assault and battery with a weapon like a knife or a club or a gun so you can use reasonable force to protect yourself. However, your judgment about the injurious nature of the noise may get questioned after you beat up that Salvation Army Santa Claus.
The situation where somebody deliberate annoys & provokes (cowbell) - assuming that there’s no threat of physical harm - seems not too different from a persistent barking dog problem that a neighbor refuses to address.
If you happen to be in Starkville, MS, the proper response is “Hail State!”. Replying anything like “Hotty Toddy!”, “Roll Tide!” or “Geaux Tigers” might get your ass kicked. If you are not in Starkville, you are probably allowed to use reasonable force to resist/end the threat.
Is this any different than if someone is just yelling very slowly, or using a megaphone? I would actually say that an air horn in the face could cross the line into assault.
I would think that your first obligation would in fact be to move away. If that doesn’t work, talk to a cop.
If they follow you, then they are crossing some new lines of harassment, and things are going to be slightly different.
But, I would say that in most places, physically touching someone with the intent of forcing them to do or stop doing something is definitely going to be considered assault, and if you are the first to make physical contact, it’s probably not going to go in your favor.
OTOH, if you are in a state that allows you to defend yourself without obligation to retreat, you can probably just shoot them, and claim that you were defending yourself.
Easiest way to deal, I would think, would be to put in some earplugs.