Mike is the local political agitator and has been on his soap box to denounce the local mayor of the city where he lives. He claims the mayor has stolen from the city treasury and calls on all citizens to march on city hall. During his speech, Mike burns in effigy a likeness of the mayor. Mike was arrested by city police and charged with inciting a riot and slander, as well as making threats against a public official.

Question

Quizplus · Accepted Answer

The courts generally do not consider obscene gestures, especially in the context of political expression, as "fighting words" or direct threats that would justify legal action. "Fighting words" are defined as words that by their very utterance inflict injury or tend to incite an immediate breach of the peace, and an obscene gesture towards the mayor after being cleared of charges does not meet this criterion.

Mike Is the Local Political Agitator and Has Been on His