The United States Supreme Court first established the concept of "fighting words" in the 1942 case Chaplinsky v. New Hampshire. In that case, the Court ruled that the state could punish an individual for using words that were "likely to cause an average person to fight."
The Court has since clarified the definition of fighting words, holding that they must be:
* "Likely to incite imminent violence"
* "Used face-to-face or in other circumstances where violence is possible"
*"Likely to cause a reasonable person to respond violently"
Examples of fighting words may include:
- Epithets or slurs directed at an individual or group based on race, ethnicity, religion, gender, or sexual orientation
- Intimidation or threats of violence
- Statements that directly solicit or incite violence
While fighting words are not protected by the First Amendment, other forms of speech, even those that are offensive or insulting, are generally protected. The Supreme Court has held that the First Amendment protects speech that is critical of the government, even if it is unpopular or controversial.