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Law School

Law School

Education:Courses

Criminal law (2022): Crimes against the public: Begging + Censorship (Part One)

Criminal law (2022): Crimes against the public: Begging + Censorship (Part One)

2023-02-01
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Begging (also panhandling) is the practice of imploring others to grant a favor, often a gift of money, with little or no expectation of reciprocation. A person doing such is called a beggar or panhandler. Beggars may operate in public places such as transport routes, urban parks, and markets. Besides money, they may also ask for food, drinks, cigarettes or other small items.

Internet begging is the modern practice of asking people to give money to others via the Internet, rather than in person. Internet begging may encompass requests for help meeting basic needs such as medical care and shelter, as well as requests for people to pay for vacations, school trips, and other things that the beggar wants but cannot comfortably afford.

Beggars differ from religious mendicants in that some mendicants do not ask for money. Their subsistence is reciprocated by providing society with various forms of religious service, moral education, and preservation of culture.

United States.

In parts of San Francisco, California, aggressive panhandling is prohibited.

In May 2010, police in the city of Boston started cracking down on panhandling in the streets in downtown, and were conducting an educational outreach to residents advising them not to give to panhandlers. The Boston police distinguished active solicitation, or aggressive panhandling, versus passive panhandling of which an example is opening doors at a store with a cup in hand but saying nothing.

U. S. Courts have repeatedly ruled that begging is protected by the First Amendment's free speech provisions. On August 14, 2013, the U. S. Court of Appeals struck down a Grand Rapids, Michigan anti-begging law on free speech grounds. An Arcata, California law banning panhandling within twenty feet of stores was struck down on similar grounds in 2012.

In Baltimore, Maryland, several non-profits have been working with the "squeegee kids" to get them off the streets instead of the police having to enforce the law and have the teens arrested.

Canada.

The province of Ontario introduced its Safe Streets Act in 1999 to restrict specific kinds of begging, particularly certain narrowly defined cases of "aggressive" or abusive begging. In 2001 this law was upheld under the Canadian Charter of Rights and Freedoms. The law was further upheld by the Court of Appeal for Ontario in January 2007.

One response to the anti-panhandling laws which were passed was the creation of the Ottawa Panhandlers Union which fights for the political rights of panhandlers. The union is a shop of the Industrial Workers of the World.

British Columbia enacted its own Safe Streets Act in 2004 which resembles the Ontario law. There are also critics in that province who oppose such laws.

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