Insult - Legal

Legal

Whether or not speech or behavior is insulting in practice, and sometimes by the terms of local assault statutes, is often a product of the subjective sense of the insulted party. However, insults to one person who might not mind such derogatory speech may indirectly insult others. Many states and local municipalities enforce prohibitions against rude, offensive or insulting speech, leaving citizens, law enforcement officers and courts to decide what is and what is not an insult. The concept of fighting words as a form of prohibited speech has developed in the jurisprudence of U.S. constitutional law concerning terms of disparagement. However, the fighting words exclusion is construed in an extraordinarily narrow manner, and only the type of insulting speech which is deemed "meaningless" can be suppressed. Speech containing significant literary, artistic, political, or scientific significance cannot be suppressed (a test known to attorneys and law students by the mnemonic device "slaps"), even if it is wantonly and maliciously insulting, demeaning, or even inciting of racial, ethnic, religious or sexual hatred.