is it illegal?

[MTUpower]

Please DO NOT turn this thread into a race thing as all races have unfavorable names that are used by other races. If the thread heads down the gutter I'll delete it or ask it be deleted. Please if you do not like it do not sabotage it so that it is deleted either. It's not a black/yellow/white/brown or mixed question.

Can you be arrested and or charged (and what are you charged with?) for calling a stranger a racist term? Is there a list of such terms? I'm speaking of casual contact - perhaps when a person cuts you off in traffic.

[MTI]

Generally, no. Different jurisdictions have different statutes generally covering uncivil behavior, but they generally deal with profanity and other affronts to decency laws.

Inflammatory speech, depending on the circumstances, can rise to the level of "incitement" however our judicial history is fairly clear that speech is one of those areas where government limitation is strictly scrutinized.

[Skippy]

Possibly yes. If the incident falls under the category of "fighting words."

http://www.firstamendmentcenter.org/speech/personal/topic.aspx?topic=fighting_words

There's case law on both sides of the issue.

[tankdriver]

Originally Posted by MTI

Generally, no.

That's what I would guess, but I'm no lawyer.

[winmutt]

Depends.

In it is legal unless you are there are children present. Up until a few years ago it was children and women. There was also a hate crimes statute that if racial words were used in a fight the penalties were far greater.

AFAIC both are a violation of my first amendment rights.

[MTI]

Skippy, if you review the article in your link, there's been a retreat from the "fighting words" basis for government restriction on speech. There is still some use of the subject to frame defenses against prosecution for resulting criminal conduct.

[The Clk Man]

People on theses Mercedes forums call me a Redneck all the time. The thing is I'm from Florida and only live in Kentucky now. I pay no attention to people like that.

[tbomachines]

I would imagine it would be a candidate for disorderly conduct, but I'm no lawyer.

[Skippy]

I read the whole thing. SCOTUS has been moving away from upholding those kinds of convictions but some of the lower courts are occasionally still handing them out.

[Hatterasguy]

Not a lawyer, but I don't think they could even stretch the law to nail you with anything more than a fine.

Unless its a threat, like "I'm going to kill you, you *****". They can probably get you on that.

[compress ignite]

Have become sensitive to something called "Hate Speech"
(I don't have the definition)
Apparently,in certain Jurisdictions, the use of "Hate Speech" in conjunction with
another offense compounds the original offense.
Whether "Hate Speech" itself is an offense I do not know.

[MTUpower]

Excellent read on the link. It looks like if you get in a near fender bender and a person says "F-you god damn XXXXXX" (fill in your own racial slur) it would be fighting words and you could be charged with something. I believe the judge would determine what words are "fighting words".

[HuskyMan]

or you could find yourself sentenced to mandatory "sensitivity training". don't laugh; "sensitivity training" has been mandated for some who were deemed "insensitive".

speaking of which, I was speaking with a college professor the other day and he said that he can no longer use the term "Mankind" in his class rooms. instead, he must say, "human kind" so as not to appear "sexists". best not to say anything, because SOMEBODY may find your speech "offensive". then you may be sentenced to mandatory "sensitivity training". none of this would have surprised George Orwell......

[Hatterasguy]

Thats scary, I'm about as insensitive as you can get.

[HuskyMan]

it is beyond scary. the first amendment appears to have caveats and it appears they are being fully exploited. best to stay in the man cave and talk to the walls.......at least they don't get "offended".