Those are Fightin' Words

[historian]

An open plea to the great legal minds of INGO.

Taking a class on communication law and have a presentation to do on fighting words.

What cases should I look at? What aspects should I examine?

Can I use the political sub-forum as an example?

 

[TB1999]

Sounds interesting. What are fighting words..legally speaking?

 

[Frank_N_Stein]

Sounds interesting. What are fighting words..legally speaking?

Words that provoke you to fight. /Denny/

 

[DRob]

"Those are fighting words" will never work. The proper term is "them's fightin' wurds" and they are best used in combination with a reference to sex habits and/or heritage! Google at your own peril!

 

[actaeon277]

https://en.m.wikipedia.org/wiki/Chaplinsky_v._New_Hampshire


https://www.thefire.org/misconceptions-about-the-fighting-words-exception/


Fighting words | First Amendment Center ? news, commentary, analysis on free speech, press, religion, assembly, petition

Sounds interesting. What are fighting words..legally speaking?

 

[Bennettjh]

A phrase starting with the weight and/or attractiveness of ones mother.

 

[MCgrease08]

Start here.

Dueling History: An Affair of Honor | The Art of Manliness

End here.

[video=youtube_share;4HGMIbA0L1A]http://youtu.be/4HGMIbA0L1A[/video]

 

[Gluemanz28]

Words that provoke you to fight. #thanksDenny

FIFY

 

[Vigilant]

A phrase starting with the weight and/or attractiveness of ones mother.

And sex, can't forget sex!

 

[edporch]

There's a law against "Provocation" in Indiana Code.
IC 35-42-2-3

 

[Frank_N_Stein]

FIFY

I don't tweet.

 

[Gluemanz28]

I don't tweet.

Me either. I was just translating for the Millennials.

 

[T.Lex]

That law is on the books, but I've never seen it enforced.

IMHO, a more interesting wrinkle is that people can yell all sorts of epithets against police and it is a protected 1A speech.

Example:
http://www.ai.org/judiciary/opinions/pdf/06260701cld.pdf

Price is the case that really put this on the radar for me.
Price v. State :: 1993 :: Supreme Court of Indiana Decisions :: Indiana Case Law :: Indiana Law :: U.S. Law :: Justia

 

[jagee]

Me either. I was just translating for the Millennials.

Thanks.

 

[T.Lex]

Heya historian,

A couple other random thoughts on this:

- There's a related topic of defamation per se. That is, there are some insults so vile that they are presumed to damage the person to whom they are directed. This is kinda a civil version of fighting words. You aren't supposed to fight the person who says them, but you can sue them for it.

- Social media is fraught with this kind of stuff. The commonality of it is perhaps diluting the provocative nature of it. Or, perhaps the range of "fighting words" is shifting from certain specific utterances - m'fer, etc. - to more generic things - "intolerant" or "cisgender" or "troll" something more along those lines. Heck, what does it really mean to "fight" now. If I provoke you on Twitter into saying something where they freeze your account, were those "fighting words"? Or if someone on INGO is provoked into saying something bannable, is it not bannable?

 

[printcraft]

No such thing.
I don't care what you call me, I'm not going to attack you because of it.
I may return the favor.... but how you handle yourself afterward will be taken into account.

 

[historian]

Heya historian,

A couple other random thoughts on this:

- There's a related topic of defamation per se. That is, there are some insults so vile that they are presumed to damage the person to whom they are directed. This is kinda a civil version of fighting words. You aren't supposed to fight the person who says them, but you can sue them for it.

- Social media is fraught with this kind of stuff. The commonality of it is perhaps diluting the provocative nature of it. Or, perhaps the range of "fighting words" is shifting from certain specific utterances - m'fer, etc. - to more generic things - "intolerant" or "cisgender" or "troll" something more along those lines. Heck, what does it really mean to "fight" now. If I provoke you on Twitter into saying something where they freeze your account, were those "fighting words"? Or if someone on INGO is provoked into saying something bannable, is it not bannable?

Thanks for the thoughts. I'm looking at this from a 1A aspect, so I am wondering what speech can the government restrict to keep the peace. For instance, you can't yell movie in a firehouse, but can you walk into an NAACP meeting held at the firehouse and yell the N word? If you got your butt (deservedly) whooped, would those who did the whoopin' get arrested? Or would you?

 

[T.Lex]

Thanks for the thoughts. I'm looking at this from a 1A aspect, so I am wondering what speech can the government restrict to keep the peace. For instance, you can't yell movie in a firehouse, but can you walk into an NAACP meeting held at the firehouse and yell the N word? If you got your butt (deservedly) whooped, would those who did the whoopin' get arrested? Or would you?

That would be a safe area of the topic. And your prof has probably seen it dozens of times, or more. It boils down to reasonableness. Since that can vary depending on many characteristics, it is a tough criminal charge to bring. Usually easier/more effective to pursue the battery (including possible self-defense) or whatever happens after the fighting words.

With this project, zig when everyone else is zagging. How about whether police can be provoked by fighting words? They are agents of the state.

 

[historian]

That would be a safe area of the topic. And your prof has probably seen it dozens of times, or more. It boils down to reasonableness. Since that can vary depending on many characteristics, it is a tough criminal charge to bring. Usually easier/more effective to pursue the battery (including possible self-defense) or whatever happens after the fighting words.

With this project, zig when everyone else is zagging. How about whether police can be provoked by fighting words? They are agents of the state.

3

Yeah. I stumbled across Chaplinsky in my prelim research.

 

[T.Lex]

3

Yeah. I stumbled across Chaplinsky in my prelim research.

Just think of what is considered "profane" now compared to then.

Heck more than half of Carlin's 7 Words are ok now, I think.