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LSDefine

Simple English definitions for legal terms

fighting words

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A quick definition of fighting words:

Fighting words are words that are meant to start a fight or violence. These words are not protected by the First Amendment, which is a law that protects free speech in the United States. The Supreme Court has defined fighting words as words that can hurt someone or make them want to fight right away. However, not all words that cause a disturbance or disagreement are considered fighting words. The First Amendment still protects speech, even if it is considered fighting words, as long as it is not discriminating against a certain viewpoint.

A more thorough explanation:

Fighting words are words that are intended to provoke violence and may not be protected under the First Amendment of the United States Constitution. The Supreme Court defined fighting words in the case of Chaplinsky v New Hampshire (1942) as words that "by their very utterance, inflict injury or tend to incite an immediate breach of the peace."

Examples of fighting words include racial slurs, insults, and threats of violence. For instance, if someone were to use a racial slur against another person with the intention of provoking a physical altercation, those words could be considered fighting words.

However, not all offensive speech is considered fighting words. In the case of Texas v. Johnson (1989), the Supreme Court ruled that burning the American flag, while offensive to some, was not considered fighting words because it did not directly provoke violence.

It is important to note that even if speech is considered fighting words, it may still be protected under the First Amendment if the restriction on speech is based on viewpoint discrimination. This means that the government cannot punish speech simply because they disagree with the ideas expressed.

Fifth Amendment | file

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ok thanks! appreciate the insight
omelette
15:24
sometimes theres an option in the portal to directly upload it but for the ones who dont then email
goofy-goober
15:36
I just wanna see my results man, waiting is so painful :~(
any word on scalia or any school lol
oakenrays
15:52
scalia is dead fortunately
oakenrays
15:52
law schools are coming out slowly but surely
HopefullyInLawSchool
16:03
@UnderRepresentedTryhard: Yes only for YM applicants tho
RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
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