Ep. 151 Fighting words

There are very few exceptions to the First Amendment. “Fighting
words” is one of them. But since the Supreme Court first outlined
this exception in 1942, it hasn’t shown much interest in
revisiting the issue. 


On today’s episode of So to Speak: The Free Speech Podcast, we’re
joined by First Amendment scholar and FIRE Legal Fellow David L.
Hudson Jr., who argues the “fighting words” doctrine is still
alive and well in lower courts and is used to justify punishing
everything from toilet tirades to cursing in a canoe.


Transcript

Fighting words overview

“The Fighting Words Doctrine: Alive and Well in the Lower
Courts” by David Hudson

“Can anti-profanity laws and the fighting words doctrine be
squared with the First Amendment?” by David Hudson

Chaplinsky v. New Hampshire (1942)

FIRE’s TikTok video about Chaplinsky 



Cohen v. California (1971)

Gooding v. Wilson (1972)

Lewis v. City of New Orleans (1974)

City of Houston v. Hill (1987)

Texas v. Johnson (1989)



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