If I am in the middle of a fit/meltdown and cannot control myself, then irksome and vexatious behavior is going to occur. Insults, even. I have been accused of "harassment" and real crimes when this has occurred in the past, but over time I have realized over time, and through studying actual law books, that harassment must be done "with purpose to harass."
Scienter (aka/ Malicious Intent) must be determined before anyone can be convicted of any crime. If there is no malicious intent, there is no crime, no matter what the behavior. 100 percent of the time I have gone into meltdowns as described above, they were instigated by some sort of bullying or harassment by another party. Getting upset when bullied is a natural reaction. Unfortunately, When Aspies get upset, we tend to get more upset than neurotypical people, who are in the majority.
If Aspies behave the way we do because that's the way we behave, then no, we should not be punished. It is regrettable. It should be corrected; but punitive measures are not only unnecessary, they are cruel, as someone above has said before. It takes time and experience to know how to help calm an Aspie in mid-meltdown. Punitive measures for behavior that is not criminal is only going to provoke even more disorderly behavior.
Again, irksome and vexatious behavior is not harassment. Insulting someone is not necessarily harassment either.
To say "Is Asperger's an excuse for bad behavior?" without defining what is meant by "bad behavior" is just demagoguery. To say the answer "No!! !" applies in all situations may be a good thing ideologically, but when you're in the middle of a meltdown, who gives a s**t about somebody else's ideology? I certainly don't.
Anyway, this is something I have been studying for a while. I am not a lawyer. I don't even know if anybody here will think I made sense. I hope somebody does and will be able to elaborate their own thoughts about it. I will try to come back and clarify if it's not clear enough.
Good question, though. Thanks for asking it.
_________________
"Nothing becomes funny by being labeled so." -Strunk & White's "Elements of Style"