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Fighting Words

 Words which would likely make the person whom they are addressed commit an act of violence.  Fighting words are a category of speech that is unprotected by the First Amendment.  Chaplinsky v New Hampshire, 315 U.S. 568 (1942).

Definition from Nolo’s Plain-English Law Dictionary

Inflammatory words that are either injurious by themselves or might cause the hearer to immediately retaliate or breach the peace. Use of such words is not necessarily protected "free speech" under the First Amendment. If the hearer is prosecuted for assault, claiming fighting words may establish mitigating circumstances.

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:16 pm

 

[I]t is well understood that the right of free speech is not absolute at all times and under all circumstances. There are certain well defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting" words -- those which, by their very utterance, inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality. 

Chaplinsky v New Hampshire, 315 U.S. 568 (1942).