The Issue of Face-to-Face Racial Insults Under the Protection of the First Amendment

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The point of Lawrence’s argument is to prove that face-to-face racial insults should not be under the protection of the First Amendment. Lawrence tries to show this by explaining how face-to-face racial comments are the equivalent of “fighting words” and therefore cause a breach of peace in society. Lawrence’s argument is broken down into two parts. In the first section, Lawrence explains why racial insttlts should be perceived as fighting words by showing how racial insults are immediately hurtful to the victim. Lawrence next explains how racial insults often times cause a “speechlessness” which totally disproves the argument that this form of speech fosters discussion.

In summary, Lawrence‘s argument is as follows; fighting words are not protected by the First Amendment (1SK premise), face-to-face racial insults are both immediately hurtful and create speechlessness amongst the victim (2”d premise), fighting words include words that are immediately hurtful and create a speechlessness amongst the victim (3‘d premise), therefore, face-to-face racist insults are fighting words and are not protected by the First Amendment. Though I agree with this argument, I do find an issue with the way the argument is presented One problem I believe appears in the argument is Premise 3 could be broadened to encompass every sort of insult. Premise 3 states that any speech that causes immediate hurt and renders the victim speechless must be perceived as fighting words, However, the nature of an insult is that it is meant to be immediately hurtful.

Therefore, if you are to categorize racial insults as fighting words based on the fact that they cause immediate harm to the victim, than you must classify all insults under this same ruling. The way this argument is currently presented, not only could face-to-face racial insults be portrayed as fighting words, but any sort of insult in the history of speech could be presented under these same rulings. Therefore, though I believe this argument has some merit, I don‘t believe it is successful due to the fact that it not only proves face to face racial insults are unprotected by the First Amendment, but it also proves that ALL insults are unprotected by the First Amendment.

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The Issue of Face-to-Face Racial Insults Under the Protection of the First Amendment. (2023, Apr 17). Retrieved from

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