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  1. Snake Plissken is offline
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    When I Get Back

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    Posted On:
    6/19/2009 3:30pm

    supporting member
     

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    Hell yeah! Hell no!
    Quote Originally Posted by kenpostudent View Post
    You are correct. I am not arguing that. Again, it goes back to the ability of the speech to incite. There is forseeability involved. The speech has to have the ability of provoking immediate violence. Hence, why a threat is not covered by free speech. You can make a convincing argument that calling anyone a racial slur is inciting violence or provoking a fight.
    Who is the public official in this instance?
  2. HappyOldGuy is offline
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    Slipping coal into stockings with a little sumptin for mom.

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    Posted On:
    6/19/2009 3:30pm


     Style: Rehab Fu

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    Hell yeah! Hell no!
    Quote Originally Posted by kenpostudent View Post
    Are you telling me that this does not qualify as "fighting words"? Please!
    On the internet, absolutely it's not.
  3. ysc87 is offline
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    Posted On:
    6/19/2009 3:33pm


     Style: crapp-lawl-ing

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    Quote Originally Posted by HappyOldGuy View Post
    On the internet, absolutely it's not.
    Correct, in the legal sense.
  4. kenpostudent is offline

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    Posted On:
    6/19/2009 3:39pm


     Style: American Kenpo

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    Quote Originally Posted by Snake Plissken View Post
    Who is the public official in this instance?
    The public official was part of the New Hampshire state law, not the Supreme Court's definition of protected speech.
  5. kenpostudent is offline

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    Posted On:
    6/19/2009 3:41pm


     Style: American Kenpo

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    Quote Originally Posted by HappyOldGuy View Post
    On the internet, absolutely it's not.
    It looked like fighting words for me, AND it provoked a challenge match! Wow, could have fooled me.
  6. ysc87 is offline
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    Posted On:
    6/19/2009 3:47pm


     Style: crapp-lawl-ing

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    Hell yeah! Hell no!
    Quote Originally Posted by kenpostudent View Post
    It looked like fighting words for me, AND it provoked a challenge match! Wow, could have fooled me.
    http://fr.truveo.com/south-park-peop.../id/1035958815
  7. kenpostudent is offline

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    Posted On:
    6/19/2009 3:54pm


     Style: American Kenpo

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    Hell yeah! Hell no!
    That would fall under speech whose content is distasteful. It is not inherently inflammatory and it was not an insult directed at a person.
  8. Kintanon is offline
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    Yes, I am smarter than you are.

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    Posted On:
    6/19/2009 4:06pm

    supporting memberstaff
     Style: TKD, BJJ

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    Quote Originally Posted by kenpostudent View Post
    Are you telling me that this does not qualify as "fighting words"? Please!
    That's not fighting words, that's a piece of fucking Performance Art. If someone said that to me in person I would be so amazed at the audacity, the depth and breadth of the threat implied that I would likely concede defeat out of sheer amazement.
    Sirc has many examples of "Fighting Words" within his trolling, but that is not one.
    Here are the reasons why:
    1. Calling a caucasion a ****** doesn't have the same kind of historical weight to it and just isn't the same kind of insult when applied to someone without the appropriate cultural baggage.
    2. The threat/stakes implied are of an absurd nature. No one could possibly construe the usage of ones children as mantlepiece trophies as a real or credible threat.

    Fighting words == No. Sirc == DoucheBag + Hilariously Awesome
  9. kenpostudent is offline

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    Posted On:
    6/19/2009 4:21pm


     Style: American Kenpo

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    Quote Originally Posted by Kintanon View Post
    That's not fighting words, that's a piece of fucking Performance Art. If someone said that to me in person I would be so amazed at the audacity, the depth and breadth of the threat implied that I would likely concede defeat out of sheer amazement.
    Sirc has many examples of "Fighting Words" within his trolling, but that is not one.
    Here are the reasons why:
    1. Calling a caucasion a ****** doesn't have the same kind of historical weight to it and just isn't the same kind of insult when applied to someone without the appropriate cultural baggage.
    2. The threat/stakes implied are of an absurd nature. No one could possibly construe the usage of ones children as mantlepiece trophies as a real or credible threat.

    Fighting words == No. Sirc == DoucheBag + Hilariously Awesome
    He missed his calling as a WWE wrestler.
  10. HappyOldGuy is offline
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    Posted On:
    6/19/2009 4:22pm


     Style: Rehab Fu

    --
    Hell yeah! Hell no!
    Quote Originally Posted by kenpostudent View Post
    It looked like fighting words for me, AND it provoked a challenge match! Wow, could have fooled me.
    Unless you are in an internet cafe texting across the room, there is absolutely nothing you can say on the net that creates a threat of an immediate breach of the peace. There is too much opportunity for cooldown time etc.

    And a challenge match is not disturbing the peace. Unless it takes place in a masonic lodge parking lot.

    Now stop getting us to do your lawschool homework!

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