Lawyer Talk Q&A - Fighting Words: Can Insults Justify Assault?

Steve Palmer answers a fascinating listener question from Kathy about the concept of "fighting words." In this episode, Steve explores the legal landscape of fighting words, tracing its origins to the 1942 Supreme Court case Chaplinsky v. New Hampshire. He explains how the Court determined that certain words could be so offensive that they might be criminalized, despite First Amendment protections. Steve also discusses how this doctrine has evolved, particularly through cases arising during the Vietnam era and protests involving inflammatory language against the government.Steve touches on how these principles apply to juveniles, referencing the landmark Tinker v. Des Moines Independent School District case, which asserted that students don't lose their constitutional rights at the schoolhouse gate. Stay tuned for part one of Kathy's question in a future segment. Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high-publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2026 Stephen E. Palmer - Attorney At Law