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To: conserv13
Fighting words doctrine. The First Amendment doctrine that holds that certain utterances are not constitutionally protected as free speech if they are inherently likely to provoke a violent response from the audience. N.A.A.C.P. v. Clairborne Hardware Co., Miss., 458 U .8. 886, 102 8.Ct. 3409, 73 L.Ed.2d 1215 (1982). Words which by their very utterance inflict injury or tend to incite an immediate breach of the peace, having direct tendency to cause acts of violence by the persons to whom, individually, remark is addressed. The test is what persons of common intelligence would understand to be words likely to cause an average addressee to fight. City of Seattle v. Camby, 104 Wash.2d 49, 701 P.2d 499, 500.

The “freedom of speech” protected by the Constitution is not absolute at all times and under all circumstances and there are well-defined and narrowly limited classes of speech, the prevention and punishment of which does not raise any constitutional problem, including the lewd and obscene, the profane, the libelous, and the insulting or “fighting words” which by their very utterance inflict injury or tend to incite an immediate breach of the peace. Chaplinsky v. New Hampshire, 315 U.S. 568, 62 S.Ct. 766, 86 L.Ed. 1031. —Black's Law Dictionary, Sixth Edition, pages 627-28.

164 posted on 09/15/2005 11:29:51 AM PDT by Gelato
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To: Gelato; All
THANK YOU!

Fighting words doctrine....having direct tendency to cause acts of violence by the persons to whom, individually, remark is addressed.

If I am reading this correctly, the "fighting words" must be directed personally to the offended person. Thus, just wearing a stupid and very offensive t-shirt can not by definition constitute fighting words.

210 posted on 09/15/2005 11:49:19 AM PDT by RebelBanker (Captain's Log: Kinda nutty, a little corny, need to get my commode fixed now.)
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To: Gelato

Interesting information. So, this does give us legal rights to pummel the left?


295 posted on 09/15/2005 12:54:51 PM PDT by DilJective (Proudly serving in the US Army - opinions are my own.)
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