What are fighting words under First Amendment law?
Under First Amendment law, "fighting words" are defined as insults of a nature likely to provoke an immediate physical fight. This category of speech is considered a narrow exception to the broad protections of the First Amendment, meaning such expressions are not protected from government restriction.12
It is important to distinguish fighting words from general commentary on political, religious, or social matters. The latter remains protected even if the content is deeply offensive or causes others to want to attack the speaker. Furthermore, while personally addressed insults may fall under this category, speech cannot be punished simply because it is considered racist, sexist, or otherwise hostile to a specific group; it must meet the specific criteria of being likely to incite a physical altercation.12