Legal Definitions - fighting words

Fighting words refers to a narrow category of speech that is not protected by the First Amendment's guarantee of free speech. These are words that, by their very utterance, are likely to provoke an immediate violent reaction or a physical confrontation from the person to whom they are directed. For speech to be considered "fighting words," it must be a direct personal insult or an invitation to immediate physical violence, delivered in a face-to-face encounter, and likely to incite an immediate breach of the peace. The law distinguishes these from speech that merely offends, invites dispute, or causes unrest, which generally remains protected.

• Scenario 1: During a heated argument on a public sidewalk, one individual steps directly into another's personal space, points a finger aggressively, and shouts, "You're a worthless coward! I dare you to do anything about it!"
  Explanation: These words are a direct, personal insult combined with an explicit challenge to physical confrontation, delivered in a highly provocative and face-to-face manner. Such an utterance is designed to provoke an immediate physical response and is therefore likely to be considered fighting words.
• Scenario 2: In a crowded bar, two patrons are engaged in a tense disagreement. One patron leans across the table, gets inches from the other's face, and yells, "You're a cheat and a liar! Get up and fight me right now!"
  Explanation: This is a direct, personal challenge to engage in immediate physical violence, delivered in a confrontational setting. The words are intended to provoke an immediate physical altercation, making them fall under the definition of fighting words.