FIGHTING WORDS

fighting words. 1. Inflammatory speech that might not be protected by the First Amendment’s

free-speech guarantee because it might incite a violent response. [Cases: Constitutional Law

90.1(1); Disorderly Conduct 1. C.J.S. Constitutional Law §§ 461, 501–503, 539–543, 548–554,

561, 565, 572, 582–584, 603–605, 608, 610; Disorderly Conduct§§ 2–5.] 2. Inflammatory speech

that is pleadable in mitigation — but not in defense — of a suit for assault. [Cases: Assault and

Battery 66. C.J.S. Assault and Battery § 86.] — Also termed fighting talk.[Blacks Law 8th]