Define: Fighting Words

Fighting Words
Fighting Words
Quick Summary of Fighting Words

“Fighting words” is a legal term referring to speech that is likely to provoke a violent reaction from the average person. This concept stems from First Amendment jurisprudence in the United States and typically applies in the context of free speech protections. The U.S. Supreme Court has held that certain categories of speech, including fighting words, are not protected by the First Amendment because they are inherently likely to cause immediate harm or incite violence. The Court has defined fighting words as those that are directed at an individual and are likely to provoke a violent response or cause a breach of the peace. However, the application of the fighting words doctrine has become more limited over time, and courts often consider the context and circumstances surrounding the speech when determining whether it falls within this category.

What is the dictionary definition of Fighting Words?
Dictionary Definition of Fighting Words
n. words intentionally directed toward another person which are so nasty and full of malice as to cause the hearer to suffer emotional distress or incite him/her to immediately retaliate physically (hit, stab, shoot, etc.). While such words are not an excuse or defense for a retaliatory assault and battery, if they are threatening they can form the basis for a lawsuit for assault.
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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

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