fighting word

Fighting words are written or spoken words, generally expressed to incite hatred or violence from their target. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction. It is also used in a general sense of words that when uttered create (deliberately or not) a verbal or physical confrontation by their mere usage.

Canada

In Canada, freedom of speech is generally protected under Section 2 of Canadian Charter of Rights and Freedoms. The Criminal Code of Canada, however, limits these freedoms and provides for several forms of punishable hate speech. The form of punishable hate speech considered to encompass fighting words is identified in Section 319: ^[1]

Public incitement of hatred (s. 319[1]). Every one who, by communicating statements in a public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of [a crime].

– s. 319[1], Criminal Code of Canada

United States

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 its 9-0 decision, Chaplinsky v. New Hampshire (1942), the U.S. Supreme Court established the doctrine and held that "insulting or 'fighting words,' those that by their very utterance inflict injury or tend to incite an immediate breach of the peace" are among the "well-defined and narrowly limited classes of speech [which] the prevention and punishment of...have never been thought to raise any constitutional problem."

Chaplinsky decision

Chaplinsky, a Jehovah's Witness, had purportedly told a New Hampshire town marshal who was attempting to prevent him from preaching "You are a God-damned racketeer" and "a damned fascist" and was arrested. The court upheld the arrest and wrote in its decision that

There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting words" those which by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.

– Chaplinsky v. New Hampshire, 1942

Post-Chaplinsky

The court has continued to uphold the doctrine but also steadily narrowed the grounds on which fighting words are held to apply. In Street v. New York (1969)^[2], the court overturned a statute prohibiting flag-burning and verbally abusing the flag, holding that mere offensiveness does not qualify as "fighting words". Similarly, in Cohen v. California (1971), Cohen's wearing a jacket that said "fuck the draft" did not constitute uttering fighting words since there had been no "personally abusive epithets"; the Court held the phrase to be protected speech. In later decisions — Gooding v. Wilson (1972) and Lewis v. New Orleans (1974) — the Court invalidated convictions of individuals who cursed police officers, finding that the ordinances in question were unconstitutionally overbroad.

In R.A.V. v. City of St. Paul (1992), the court overturned a statute prohibiting cross-burning on the grounds that the specific statute was content-based, and even worse, viewpoint-based; ie., that the statute only limited its proscription to race, religion, creed, etc. The Court, however, made it repeatedly clear that the City could have pursued "any number" of other avenues, and reaffirmed the notion that "fighting words" could be properly regulated by municipal or state governments.

In Brandenburg v. Ohio, the court reversed the conviction of a KKK leader accused of advocating violence against racial minorities and the national government, holding that government cannot constitutionally punish abstract advocacy of force or law violation.

References

External links

• What is the Fighting Words doctrine? from freedomforum.org.
• First Amendment Library entry on Fighting Words