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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.
Chaplinsky v. New Hampshire, 315 U.S. 568 (1942), was a landmark decision of the US Supreme Court in which the Court articulated the fighting words doctrine, a limitation of the First Amendment's guarantee of freedom of speech. [1]
The Illinois Supreme Court's ruling against Terminiello invoked Chaplinsky, and the "fighting words" doctrine figured prominently in the arguments before the U.S. Supreme Court. But the Court's ...
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 matter of common knowledge, inherently likely to provoke a violent reaction". [38]
During colonial times, English speech regulations were rather restrictive.The English criminal common law of seditious libel made criticizing the government a crime. Lord Chief Justice John Holt, writing in 1704–1705, explained the rationale for the prohibition: "For it is very necessary for all governments that the people should have a good opinion of it."
Brandenburg v. Ohio, 395 U.S. 444 (1969), is a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. [1] The Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action".
Over nearly 2 1/2 years of fighting, the West has given Ukraine billions of dollars of advanced weapons, some of which h Putin often cites Russia’s 'nuclear doctrine' governing the use of atomic ...
Indiana (1973) in which the court found that Hess's words were protected under "his rights to free speech", [3] in part, because his speech "amounted to nothing more than advocacy of illegal action at some indefinite future time," [3] and therefore did not meet the imminence requirement.