176k views
4 votes
How does the popular phrase "them's fightin' words" relate to freedom of speech?

1 Answer

5 votes

Final answer:

The phrase "them's fightin' words" is related to freedom of speech as it exemplifies speech that is excluded from First Amendment protection due to its potential to provoke immediate violence or disturbance, with the legal basis rooted in the 'Chaplinsky v. New Hampshire' case.

Step-by-step explanation:

The popular phrase "them's fightin' words" relates to freedom of speech as it epitomizes a category of speech that is not protected by the First Amendment due to its potential to incite immediate violence or disturbance. The legal premise is reinforced by the landmark case, Chaplinsky v. New Hampshire, which declared that certain provocative expressions which can cause immediate harm or trigger a breach of peace do not fall under the shield of constitutional free speech. This is exemplified in situations where speech could incite a crowd to violence or constitute a direct threat to someone's safety, similar to the concept of yelling fire in a crowded theater, as addressed in the clear and present danger test.

While the Constitution upholds the right to express unpopular or offensive viewpoints, particularly in political contexts, there are key restrictions on speech that is intended to incite criminal acts, represents 'fighting words', or involves true threats. These restrictions apply equally during times of peace and war and encapsulate the delicate balance between maintaining public order and safeguarding individual expression. Symbolic speech such as flag burning has also come under scrutiny in this context, highlighting that the boundaries of protected speech are continually interpreted by the courts.

User MikeTP
by
8.3k points