Fighting words doctrine. The First
Amendment doctrine that
holds that certain utterances are not constitutionally
protected as free speech if they are inherently likely to
provoke a violent response from the audience. N.A.A.C.P.
v. Clairborne Hardware Co., Miss., 458 U.S. 886, 102 S.Ct.
3409, 73 L.Ed.2d 1215 (1982). Words which by their very
utterance inflict injury or tend to incite an immediate
breach of the peace, having direct tendency to cause acts
of violence by the persons to whom, individually, remark
is addressed. The test is what persons of common
intelligence would understand to be words likely to cause
an average addressee to fight. City of Seattle v. Camby,
104 Wash.2d 49, 701 P.2d 499, 500.
The "freedom of speech" protected by the Constitution is
not absolute at all times and under all circumstances and
there are well-defined and narrowly limited classes of
speech, the prevention and punishment of which does not
raise any constitutional problem, including the lewd and
obscene, the profane, the libelous, and the insulting or
"fighting words" which by their very utterance inflict
injury or tend to incite an immediate breach of the peace.
Chaplinsky v. New Hampshire, 315 U.S. 568, 62 S.Ct. 766,
86 L.Ed. 1031.
SOURCE: Black's Law Dictionary, Sixth Edition