Fighting Words and the 1st Amendment - Explained
What are Fighting Words?
Written by J. Mance Gordon
Updated at April 21st, 2024
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What are Fighting Words?
Fighting words are those deemed likely to immediately incite violence by listeners.
Determine if Speech is Fighting Words?
An important requirement for an expression to constitute fighting words is that the threat of violence be immediate. This means that the subject-matter exception is determined by the physical presence and likely reaction of third parties.
- Example: Many public presentations openly calling for violent activity by the crowd are limited or regulated; however, the same form of expression recorded and later distributed to listeners may not constitute fighting words. The difference is the immediacy of the threat of violence created by the presence of a crowd.
Related Concepts
- What is the 1st Amendment?
- What are the Establishment Clause and Free Exercise Clause
- How does freedom of religion affect business practice?
- What is the protection of Freedom of Speech?
- Speech with Limited or No Protection
- What is Obscene Speech?
- What is Commercial Speech?
- What is Defamation?
- What is Political Speech?
- Overbreadth and Overly Broad Laws
- Freedom of the Press
- Freedom of Assembly