preview

Fighting Language Case Study

Decent Essays
The first topic is fighting words. The fighting words discussion began in the courts as Chaplinsky v. New Hampshire (1942). Chaplinksy called a man on the street some profane words, and was arrested. His conviction got overturned, which gave life to the fighting words doctrine in a unanimous decision in the courts. The fighting words doctrine outlined two levels of unprotected speech: speech cannot offend the sensibilities and inflict injuries on surrounding people, nor can it breech peace. This conversation evolved in order to refine this law. The case that made a difference in this topic was Terminiello v. Chicago (1949). A man was ministering when it led to unforeseen unrest, which lead to his arrest. His conviction was overturned, because, as Justice Black explained, this interpretation was too restrictive and limited dissent, which is bad for democracy.…show more content…
Feiner v. New York (1959) was another situation where a man was ministering and was convicted for a riot ensuing after he ministered. He was arrested, and the conviction was upheld, but Justice Black said in his statement of dissent that the police should have been protecting the speaker first, by arresting the person threatening to get violent, shifting the balance of competing interests from that of the safety of the public, to the protecting speech in almost all
Get Access