Because speech can also be conduct, words deeds, the First Amendment cannot provide blanket protection for all offensive speech. This is especially true for what J.L. Austin calls “performative utterances.” We must try to be clear on the principles at stake--as claims to freedom of speech meet claims of self-defense and provocation--as we seek to draw legal boundaries to control fighting words, obscenity, and hate speech.
Keywords: law, speech, conduct, First Amendment, offensive, J.L. Austin, performative utterances, fighting words, obscenity, hate speech, principles, freedom, self-defense, provocation