Editing First Amendment
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d. Fighting Words: Words (epithets) directed at an individual (face to face) which are likely to provoke a violent response. | d. Fighting Words: Words (epithets) directed at an individual (face to face) which are likely to provoke a violent response. | ||
i. CHAPLINSKY: D is member of Jehovah's Witnesses. Was convicted under NH law said to complainant "you are a God damned raketeer" and a "damned Fascist and whole government of Rochester are Fascists or agents of Fascists". He was distributing leaflets for JH. People called police for his disturbance. Resort to epithets or personal abuse is not proper communication protected by | i. CHAPLINSKY: D is member of Jehovah's Witnesses. Was convicted under NH law said to complainant "you are a God damned raketeer" and a "damned Fascist and whole government of Rochester are Fascists or agents of Fascists". He was distributing leaflets for JH. People called police for his disturbance. Resort to epithets or personal abuse is not proper communication protected by Constitution. Epithets likely to provoke the average person to retaliation and thereby cause a breach of the peace. Epithets here likely to provoke average person to retaliations, and thereby cause a breach of the peace. Law is narrowly drawn and limited. Court cannot say statute as applied substantially or unreasonably infringes on free speech. | ||
1. RULE: Recognize fighting words where it is likely to cause a violent response against the speaker and where it is an insult likely to inflict immediate emotional harm. (utterance inflict injury or tend to incite an immediate breach of the peace). | 1. RULE: Recognize fighting words where it is likely to cause a violent response against the speaker and where it is an insult likely to inflict immediate emotional harm. (utterance inflict injury or tend to incite an immediate breach of the peace). |