No Essential Reason to Restrict the Freedom of Speech: Why It Is Time to Knock Out Chaplinsky v. New Hampshire and the Fighting Words Doctrine

• In Event: Judicial Interpretation of Fundamental Rights

Brief Overview

This paper explores the reasoning behind Chaplinsky v. New Hampshire and the fighting words doctrine. Free speech principles and contemporary case law lead to the conclusion that the case should be overruled and the doctrine should be ended.

Author

• Eric T. Kasper, University of Wisconsin-Eau Claire