Offensive Vs Offensive Speech Analysis

To answer the question on how offensive speech is different from offensive conduct, we must first determine what each is. The United States Supreme Court attempted to define offensive speech in Chaplinsky v. New Hampshire, 315 U.S. 568, (1942). In this case, the Supreme Court held that speech, which ordinary persons would know is likely to cause a fight, is offensive, and as such, it is not protected under the First Amendment (Michael, 2012). What this means is that any speech, which is intended to start a fight or a disturbance, can be considered offensive, based on the manner in which it is delivered. Just saying something out loud, such as a cuss word, is not offensive, as long as it is not directed towards another, with the intent
For instance, if I were walking down a public street, yelling obscenities, but not confronting anyone, or stopping to draw a crowd. I would not be guilty of offensive speech. By not directing my words towards anyone in particular, and by staying on the move, it would be difficult to say that my actions were intended, or likely to cause a fight. I would be protected under the First Amendment according to the Chaplinsky ruling (Michael, 2012). At the same time, if I stood on a street corner, and yelled the same obscenities directly at another person, then it would be apparent to anyone that my actions were likely to cause a violent reaction or fight. The same could be said of an offensive conduct. It is perfectly legal for a person, or a group of people to gather, and hold a rally expressing their views on any topic. The First Amendment protects that right. On the other hand, if I were to attempt to hold a rally at the exact same time, and place, as a group with opposing views, and myself, or any member of my group acts in a way which would cause a violent reaction or breach of the peace, then we would be guilty of offensive conduct. This is the difference between these two