What type of speech is considered "fighting words"?

Study for the Foundations of American Democracy and Federalism Test. Explore multiple choice questions with explanations and gain insights to ace your exam!

Fighting words are defined as speech that is likely to provoke a violent response or an immediate breach of the peace. This legal concept comes from the landmark Supreme Court case Chaplinsky v. New Hampshire (1942), where it was established that certain types of speech can be restricted if they are deemed to have a direct tendency to cause acts of violence by the person to whom they are directed. The essence of fighting words is that they are not merely offensive or controversial; rather, they are specifically communicated in a way that can incite immediate physical retaliation. This distinction is crucial as it highlights that the context and emotional impact of the words are pivotal in determining if they qualify as fighting words. In contrast, expressions of dissent, criticism of government policies, and provocative advertising, while they may be contentious, do not inherently have the potential to provoke immediate violence or a breach of the peace, thus not fitting the legal definition of fighting words.

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