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The fighting words doctrine, in United States constitutional law, is a limitation to freedom of speech as protected by the First Amendment to the United States Constitution. In 1942, the U.S. Supreme Court established the doctrine by a 9–0 decision in Chaplinsky v.
New Hampshire (1942), the Supreme Court held that speech is unprotected if it constitutes "fighting words". [37] Fighting words, as defined by the Court, is speech that "tend[s] to incite an immediate breach of the peace" by provoking a fight, so long as it is a "personally abusive [word] which, when addressed to the ordinary citizen, is, as a ...
Certain "well-defined and narrowly limited" categories of speech fall outside the bounds of constitutional protection. Thus, "the lewd and obscene, the profane, the slanderous", and (in this case) insulting or "fighting" words neither contributed to the expression of ideas nor possessed any "social value" in the search for truth. [4] Murphy wrote:
Despite this, Krattenmaker states that the Cohen ruling successfully addresses and disputes arguments that Cohen's speech should not be protected because of the location of the speech, its perceived obscenity, and its potential classification as "fighting words". However, Krattenmaker does argue that governments should perhaps have more power ...
Obscenity, defined by the Miller test by applying contemporary community standards, is a type of speech which is not legally protected. It is speech to which all the following apply: appeals to the prurient interest, depicts or describes sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific ...
Kaye, a former United Nations Special Rapporteur on free speech issues, said: "You cannot on the one hand say, 'The media is the enemy of the people,' and at the same time say, 'It's the policy of ...
The Supreme Court may find that when social media platforms restrict, fact-check, take down or leave up content, this is constitutionally protected speech and the government cannot interfere ...
The incitement exception was meant to stop one person from provoking another into direct confrontation or violence. But it was also the government’s go-to weapon to foil socialists protesting ...