First and foremost, I think its a crime. Being the polished candidate that he is, Arnold did not persue the matter and brushed it off (literally and figuratively)
Saying that he deserved it comes close to the same rationalization a recently late death row inmate used to kill abortion doctors. While I am not saying egging a candidate is equal to murdering a doctor, I find it despicable that people in this day and age would do something like that.
What would be next? A flying produce fest at a Davis rally? Cream pies in the face for Bustamante or Ueberroth? or can it escalate to bomb threats and hoaxes?
Maybe someone was just offering Arnold some quick protein, Rocky style.
Ha. Get it? Cuz he was a bodybuilder… the protein… raw eggs… quick absorption… uh.
So.
I wouldn’t say it’s free speech. First, there didn’t seem to be a message to it - well, aside from “I don’t like you.” Second, it falls more under the category of an attack - who knows, it could’ve busted his eye, caused some damage. You’ve got no right to hurt someone, even accidentally.
It’s too physical to shrug off. The person who did it should get some punishment.
Crime? Maybe. I’d be interested in a lawyer addressing whether this falls under the doctrine of de minimis no curat lex: The law doesn’t sweat the petty stuff, or Stop Trifling!
A thrown egg might technically be assault, but nobody got hurt, and nobody was likely to get hurt. It should not be punished in the same way as if, for example, a candidate punched Arnie in the face.
On second thought, is egg difficult to dry-clean? The egger ought at least to be liable for the dry-cleaning bills for the suit, and it’d be appropriate to charge them for vandalism to the suit, I’d think.
It’s assault. Your right to throw eggs ends when the egg hits someone. There’s no way to defend this (or a creme pie) as freedom of speech or expression unless both people (thrower and target) agree to the action.
As affirmed by the courts here in the case of an idiot who doused some women with ice water for protesting the war in Iraq. His lawyer claimed “free speech”; the judge wasn’t having any of it. I would include a cite, but would have to pay for the privelege.
So everyone here seems to agree that egg tossing is not covered in the articles of the constitution (disregarding the odd wittisms of a few pun-dits here) While crime may sound like an overreaction, in actuality it is against the law thus a crime albeit a minor one but in serious bad taste. I agree that a fine or community service is just punishment.
So why didnt anyone point the guy out?
and that was deadly accurate aim by the way. Judging by the arc of the trajectoriy that was a toss from at least 10 feet.
Maybe nobody saw him? Or, alternately, all of the witnesses were friends of his?
Here’s an interesting spin-off from the OP: What if the thrown egg had missed? (Either intentionally or accidentally) Would it still be considered “assault” or “vandalism” if no damage was done? Or would it be equivalent to raising a fist in anger (but not actually punching someone)?
Some nice pictures in this one!
A bit off topic: Egg throwing is effective. Two cases from Berlin:
Helmut Kohl, after being hit by an egg in a rally went after the attacker and had to be stoped by his own security - and made a total idiot of himself.
And the conservative candidate for major in Berlin two years ago hid behind some other politicians when eggs flew. He was viewd as a coward after this and lost the election (arguably not only because of this).