ABSTRACT
Fighting words are words that, when used in a specific context and directed against specific individuals, would have the tendency to cause a breach of peace or harm to the persons to whom they are directed. In Chaplinsky v. New Hampshire, 315 US 568, the US Supreme Court upheld under a fighting-words statute the conviction of an individual who called a police officer a fascist and a racketeer. Even when speech is directed at specific groups, the government may not regulate fighting words when the law in question targets a particular content or viewpoint. In Cohen v. California, 403 US 15, the Court overturned the conviction of a California man who entered a public courthouse wearing a jacket displaying the words "fuck the draft." In overturning his conviction, the Court said that the "emotive force" of the words justified their use. Fighting words remain a highly controversial aspect of First Amendment law, particularly when they involve hate groups.
