Liz Papp Kamali (@lizpappkamali.bsky.social)

Fighting Words at the Founding We were intrigued by this student note: Fighting Words at the Founding, Harvard Law Review 138 (June 2025): 2049-2070. From its introduction: At the Founding, speakers of fighting words were indictable only if they intended to cause violence. Yet today, Americans who speak fighting words without any intention of causing a fight routinely face criminal sanctions. The Supreme Court has yet to rule definitively on whether the First Amendment requires that the government prove mens rea to punish the speaker of a fighting word. But in the lower courts, nearly every defendant prosecuted for speaking a fighting word faces strict liability: Her interior mental state is irrelevant. That approach breaks with the uniform practice of the common law at the time the nation ratified the First Amendment. --Dan Ernst http://dlvr.it/TN96K1