The initial dude filming shouldn’t have jumped in though , he could be charged even though he was in his right to film him at the beginning. No judge going to sympathize cause Pink man called him a racist name .
By “no judge are you referring to the Supreme Court? Because …..
Fighting words are, as first defined by the Supreme Court (SCOTUS) in
Chaplinsky v New Hampshire, 315 U.S. 568 (1942), words which "by their very utterance, inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality."
Fighting words are a category of speech that is unprotected by the
First Amendment. Further, as seen below, the scope of the fighting words doctrine has between its creation in
Chaplinsky and the Supreme Court's interpretation of it today.
Non-Exhaustive List of SCOTUS Cases Invoking the Fighting Words Doctrine
The following cases show some of the instances in which the Supreme Court has invoked the fighting words doctrine. As shown, the scope of the doctrine changes between various cases.
Terminiello v. City of Chicago (1949)
In
Terminiello v. Chicago, 337 U.S. 1 (1949), the Supreme Court narrowed the scope of what constitutes fighting words. The Court found that words which produce a
clear and present danger are unprotected (and are considering fighting words), but words which invite dispute and causes unrest are protected (and are not considered fighting words).
In
Texas v. Johnson, 491 U.S. 397 (1989), the Supreme Court redefined the scope of the fighting words doctrine to mean words that are "a direct personal insult or an invitation to exchange fisticuffs." In the case, the Court held that the burning of a United States flag, which was considered symbolic speech, did not constitute fighting words.`