Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

If you break someone's jaw, you go to jail. If you break their heart by verbal assault, you don't.

That is not necessarily true. Commission of verbal assault can land a person in jail. http://en.wikipedia.org/wiki/Fighting_words_doctrine#United_...

The fighting words doctrine, in United States constitutional law, is a limitation to freedom of speech as granted in the First Amendment to the United States Constitution. In its 9-0 decision, Chaplinsky v. New Hampshire (1942), the U.S. Supreme Court established the doctrine and held that "insulting or 'fighting words,' those that by their very utterance inflict injury or tend to incite an immediate breach of the peace" are among the "well-defined and narrowly limited classes of speech [which] the prevention and punishment of...have never been thought to raise any constitutional problem."



I am not a lawyer, but I believe this doctrine has essentially not been enforced in recent memory. The subsequent paragraph to the one you quoted steadily showed it being rejected by those who attempted to bring it before the court in the US.


There are fresh fighting-words arrest-reports, here: http://news.google.com/news?q=%22fighting+words%22+arrested


the test for assault is that a reasonable person would fear for their safety or life

the test for battery is that you harmfully or offensively touched someone or something on them

i think spitting would fall under both for most juries..




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: