California, United States of America
The following excerpt is from Aguilar v. Avis Rent-A-Car System, Inc, 45 Cal.App.4th 933, 53 Cal.Rptr.2d 599 (Cal. App. 1996):
7 As we reach the conclusion of the 20th century, however, it has become increasingly difficult to know precisely what might amount to fighting words--particularly, what sort of speech might "tend to incite an immediate breach of the peace." (Chaplinsky v. New Hampshire, supra, 315 U.S. at p. 572, 62 S.Ct. at p. 769.) In this age when episodes of violence in the workplace are a regular feature of the news, racist epithets may well be taken as fighting words and elicit a violent response. The line between what is offensive but nonincendiary and what constitutes fighting words has become disturbingly blurred.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.