After 'MAGA influencer' trolls gay couple with baby, support grows for dad who threw punches

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20. CA law

Under PC 415(3), a prosecutor must prove that the words used were irected at a specific person:

The words must be aimed at an individual in a face-to-face encounter, not just shouted into a crowd or posted online.Inherently likely to provoke violence: The test is whether an average person in that specific context would be likely to respond with immediate physical violence.
A "Clear and Present Danger": There must be a high probability that the other person will erupt into violence immediately.
What Typically Counts (and What Doesn't)California courts have narrowed this category so significantly that many highly offensive acts do not qualify:
Not Fighting Words: Profanity used for emphasis, general political slogans (e.g., "F--- the Draft" in Cohen v. California), or criticism of government officials.
Likely Fighting Words: Personally abusive epithets or racial slurs directed at an individual while challenging them to a physical fight.The "Unusually Sensitive" Rule: If someone is unusually aggressive or sensitive and reacts violently to words that would not provoke an average person, the speaker is generally protected.
Civil ProtectionsEven if speech does not meet the criminal "fighting words" threshold, it may still violate California civil laws. The Ralph Act (Civil Code § 51.7) protects individuals from threats of violence based on protected characteristics (like race or religion), allowing victims to seek civil damages and restraining orders even if the government cannot prosecute the speech as a crime.Does your case involve law enforcement or a private dispute between individuals?AI responses may include mistakes. For legal advice, consult a professional. Learn more11 sitesThe Fighting Words Exception to the First AmendmentMar 11, 2026 — Similarly, in Cohen v. California, 403 U.S. 15 (1971), while reversing the defendant's conviction for disturbing the peace based o...North Carolina Criminal Law BlogHate Crimes | State of California - Department of JusticeThe U.S. Constitution allows hate speech as long as it does not interfere with the civil rights of others. While these acts are ce...State of California - Department of Justice (.gov)Fighting Words | Constitution Annotated | Library of CongressThe Court held that government may not punish profane, vulgar, or opprobrious words simply because they are offensive, but only if...Library of Congress – Constitution Annotated (.gov)Show all

Starting a physical altercation is dangerous and to be avoided. People get killed or end up arrested, or it goes on your record and can cause issues later. Also, violence is wrong.