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Name the two Supreme Court cases that established the "fighting words" exception and the imminent incitement standard used to determine whether speech encouraging violence is legally actionable.

Answer :

The Court interpreted Brandenburg in Hess v. Indiana (1973), holding that the speech must cause "imminent disruption" in order for it to come under the unprotected category of incitement to imminent unlawful action.

What is fighting words?

Fighting words are phrases that are meant to stir up hostility or violence in their intended audience. Depending on the jurisdiction, fighting words have different legal definitions, freedoms, and restrictions.

Fighting words are those that are meant to incite violence, potentially excluding them from First Amendment free speech protection. When Chaplinsky v. New Hampshire was decided in 1942, the U.S. Supreme Court first described them as remarks that "by their very utterance, inflict injury or tend to instigate an instant breach of the peace."

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Answer:

In Hess v. Indiana (1973), the Court applied Brandenburg and said that before an individual's speech could fall under the unprotected category of incitement to imminent lawless action, the speech must lead to “imminent disorder.”

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