Fighting Words Law: A Case Study

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The First Amendment does not protect fighting words because those words are likely to cause violence by the person to whom the words are spoken (Hall, 2015). Laws that govern speech must be drafted concisely so they do not interfere with constitutional rights, and the Supreme Court has carefully defined fighting words as those that inflict injury, tend to incite an immediate breach of the peace, or by their nature will produce a violent reaction by a person who hears them (Hall, 2015, p. 194). The primary purpose of the fighting words law is to prohibit the intended conduct of an ensuing physical altercation or a breach of the peace (Hall, 2015).

References

Hall, D. E. (2015). Criminal Law and Procedure, 7th Edition. Boston, MA: Cencage

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