Results 1 to 3 of 3
  1. #1

    Default "Fighting-words doctrine" and assault charges

    I have question about "fighting-words doctrine". My friend and I were arguing about whether or not a person can be charged for assault on someone who violated the "fighting-words doctrine". For anyone who hasn't heard of it Fighting-words doctrine is -"those which by their very utterance inflict injury or tend to incite an immediate breach of the peace". For example if i made comments to someone such as racial slurs and all sorts of other things directed at the person obvoiusly a violation of "fighting-words doctrine" and that person then chose to physically assault me such as "punch in me the face" can that person then still be charge for assault? I understand the person can be charged for the crime of "fighting-words doctrine"(also undestand this is a contraversal issue) but then also can the person be charged for assault for hitting the person? It has been my understanding that no matter what the verbal words said it is never ok to commit assault on someone else. So can someone please try to make sense to me because I am confused.

  2. #2
    Join Date
    Jul 2006
    Posts
    985

    Default Re: "fighting-words doctrine" and assault charges

    Laws are state dependent. In many states, assault doesn't have to be physicial and depending on what you say you may violate many laws without laying a finger on another person.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,006

    Default Re: "fighting-words doctrine" and assault charges

    You're confusing separate issues - when speech can be regulated by the state, and whether an act of battery is a crime. If somebody batters you, even if you provoke them, it can be charged as a crime.

    1. Sponsored Links
       

Similar Threads

  1. Defamation: Do Big Businesses Ever Press Charges or Claim "Harassment" to "Save Their Backside"
    By shafted in forum Defamation, Slander And Libel
    Replies: 1
    Last Post: 05-24-2010, 09:03 PM
  2. Pretrial Procedure: Difference Between "Charges Dropped" or "Case Dismissed"
    By capitalr in forum Criminal Procedure
    Replies: 1
    Last Post: 02-02-2010, 07:43 PM
  3. Using The Words "Real Estate"
    By skeezer in forum Buying, Selling and Conveying Real Estate
    Replies: 2
    Last Post: 05-30-2007, 10:30 PM
  4. Traffic Accidents: Explanation of "Eggshell Skull" Doctrine
    By despair in forum Accidents and Injuries
    Replies: 2
    Last Post: 02-28-2006, 02:12 AM
  5. Meaning of the words "any benefit" in a trust
    By unclebuck in forum Estate Administration and Probate
    Replies: 9
    Last Post: 09-04-2005, 08:57 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document