Mullen's Speech By Joseph Murlen By Murilen

Applying the foregoing fighting words factors, Mullen clearly cannot be held liable for an IIED claim.
A. Mullen’s Speech was Not a Face-to-Face Interaction at the Club and the Internet

Even though the racially charged language in Mullen’s speech was unpleasant, it was constitutionally protected. Admittedly, Mullen’s words included Raymond’s name. In contrast to Citizen, the posts were directed towards Raymond, as he posted them on Raymond’s social media accounts. (Complaint ¶15).
Despite the Kidds being addressees, as in Citizen, there was no face-to-face interaction. The Kidds, their family, and friends were not present at the comedy club, nor did Raymond see the social media posts. (Aff. ¶28-29). “Fighting words” do not exist without
Ordinary Politicians Would Not Engage in Violence as a Result of This Speech
The words Mullen espoused were not so personally abusive as a matter of common knowledge to provoke an ordinary person, especially an ordinary politician to engage in violence. Mullen was expressing his displeasure with Raymond’s campaign policies on immigration and gun control. As in Pino, the language Mullen used, “jihad-boot party” and “encajuelados” were a figure of speech. There was no expectation that he or his audience would engage in such conduct.
“Boot party” and “encajuelados” are gang and drug references respectively. (Complaint ¶13-14). The average person, as a matter of common knowledge would not know what those terms meant, and as a result would not be provoked into violent reaction. Further calling Raymond “Big Chief Sitting Bull” is a compliment. Sitting Bull was a Native American leader known for his historic victory at the Battle of Little Big Horn. Additionally, Mullen’s references of “pervert gang-bang are not baseless, as Raymond was in a gang as a juvenile and was accused of sexual harassment. (Aff. ¶13). As a result, the second element also fails the “fighting words”
The setting of the comments occurred in a comedy club and social media, where offensive language is routinely used. Additionally, Mullen’s sister is friends with Brody, Raymond’s sexual harassment accuser. Mullen’s participation in a protest at Raymond’s rally to voice his displeasure with the campaign only further enforce that a politician in Raymond’s shoes should expect to have opponents. (Aff. ¶27). Thus, based on the comments made, politicians in Raymond’s shoes would not react violently because they signed up for public life and cannot respond to every comedian who disagrees with