What defines fighting words in a legal context?

Fighting words are defined in a legal context as those that incite an immediate breach of the peace. This concept originates from the First Amendment to the United States Constitution, which protects free speech, but also recognizes that certain types of speech are not protected if they lead to violence or disruption. Specifically, fighting words are those that by their very utterance are likely to provoke a violent reaction from the listener.

This legal standard is established to balance the rights of individuals to express themselves and to maintain public order. For instance, if someone uses highly provocative language that is meant to incite hostility or violence, such speech can be regulated by law because it poses a direct threat to the peace and public safety. Thus, in a legal context, the ability of words to cause immediate harm or aggression defines them as fighting words, distinguishing them from other forms of protected speech that do not have this inciting effect.