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  • Can a Fighting Words Charge Lead to a Higher Sentence Because of the Defendant's Racial Motivation?

    04/16/2021 6:37:57 PM PDT · by nickcarraway · 17 replies
    Reason ^ | 1.4.2021 | Eugeune Volokh
    Yes, the Ohio Court of Appeals held Thursday.? "Fighting words"—face-to-face personal insults that are likely to start a fight—are generally constitutionally unprotected, and can be criminally punished (usually under disorderly conduct statutes). But in R.A.V. v. City of St. Paul (1992), the Supreme Court struck down a statute that imposed heightened punishment on those "fighting words" that "arouse[] anger, alarm or resentment in others on the basis of race": Even when some speech (e.g., fighting words, libel, obscenity, etc.) is constitutionally unprotected, the law can't selectively impose extra punishment on unprotected speech that, say, expresses racist views. Yet in Wisconsin...