
Fighting Words
a) Words which are likely to make the listener commit an act of violence (prob. against the speaker) can be flatly prohibited by the gov’t. But the police must try to control the crowd if rzbly possible. Must actually be fighting words, not just the identity or lawful acts of the speaker that make the crowd likely to be violent. Profanity is allowed, is not a fighting word, and may not be banned (unless obscene or something). Chaplinsky
b) Test: what men of common intelligence would think are words likely to cause an average person to fight [changes per times/circumstances]
c) Fighting words doctrine can apply to expressive conduct (“fuck the draft” jacket)
d) Imminent threat of spectator violence (heckler’s veto): no right to free speech if
i) Imminent threat of spectator violence
ii) That the policy have no capacity to control
iii) [you have the right to say everything you’re saying, but not to provoke a riot]
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