What does the concept of "fighting words" imply in legal terms?

The concept of "fighting words" in legal terms refers specifically to speech that is intended to provoke a violent reaction from the listener. This legal doctrine was established to recognize that certain expressions can be so inflammatory and likely to incite immediate physical retaliation that they fall outside the protection of free speech under the First Amendment.

The rationale is that, unlike general expressions of opinion or criticism, fighting words are not designed to communicate ideas but rather to provoke a direct emotional response, often in a heated context. This distinction acknowledges that while free speech is a fundamental right, it is not absolute when it poses a clear and present danger of leading to violence.

Therefore, the answer emphasizes that fighting words are those meant to instigate aggression, making them legally actionable in a way that other forms of expression are not.