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Fighting words

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Ninering57:
Can anyone tell me the general outline of Fighting Words law in Nebraska? Is a verbal attack with fighting words considered assault? Is it a mitigant in your favor if you punch the mouthy attacker? Neither? Something else? Can you only respond with like force, (yomamma!)? Not at all?
I'm not talking about going nuclear by drawing a gun, nunchuka, mace, etc., or taking the guy to the ground and continuing to punish him. I get, (and agree!) that is going too far. I'm thinking more along the lines of the video of John Glenn punching the Moon-landing denier from a couple years ago.

SemperFiGuy:
Here's Sumthin' for Starters:
=================================

28-1322.
Disturbing the peace; penalty.

(1) Any person who shall intentionally disturb the peace and quiet of any person, family, or neighborhood commits the offense of disturbing the peace.

(2) Disturbing the peace is a Class III misdemeanor.
Source

    Laws 1977, LB 38, § 306.

Annotations

    The State cannot constitutionally criminalize speech under this section solely because it inflicts emotional injury, annoys, offends, or angers another person. But speech can be criminalized under this section if it tends to or is likely to provoke violent reaction. State v. Drahota, 280 Neb. 627, 788 N.W.2d 796 (2010).

    Under subsection (1) of this section, the definition of breach of the peace is broad enough to include the offense of disturbing the peace; it signifies the offense of disturbing the public peace or tranquility enjoyed by citizens of a community. The term "breach of the peace" is generic and includes all violations of public peace, order, or decorum, or acts tending to the disturbance thereof. Provocative language consisting of profane, indecent, or abusive remarks directed to the person of the hearer may amount to a breach of the peace, and such language constitutes "fighting" words [emphasis added], which are not constitutionally protected forms of speech. State v. Broadstone, 233 Neb. 595, 447 N.W.2d 30 (1989).

===================================

Now..
Nebraska is a "Duty to Retreat" state. 

So...
The appropriate proper and legal response to fighting words is to........Retreat.   Turn around.   Walk away.

By not retreating, the actor thereby gives up any claim of self-defense which might otherwise be associated with subsequent actions.

Any physical or oral response could readily lead to felony charges of assault or terroristic threats.

Turn around, walk away.   It's not cowardice.

It's the Required, State-Mandated Response in Nebraska.

If you are pursued and physically attacked while retreating, then that's a Whole New Ballgame with Whole New and Different Rules which apply.

FWIW,

sfg

Ninering57:
EXCELLENT answer. Thank you.

SemperFiGuy:
Now If............

Someone is ragging on you or orally bugging you, especially if it's recurring, you definitely have recourse through calling 911 and making a disturbance of peace complaint.   Let the LEO handle it.   

Helps if you have witnesses.

And if it's sufficiently aggressive on the part of the person bugging you, it could rise to the level of assault and/or terroristic threats, which are felonies and therefore fairly serious charges.   Keep mouth shut, feet moving.

It's never good to respond.   By doing even the smallest thing, you can reduce your own level of innocence or even be counter-charged with a crime.   This situation always calls for getting away from the place of action and chatting up the 911 operator.

However, should you be pursued, then your right to self-defense kicks in.

If you want those rules, please say so.

sfg   

Ninering57:
I'd like to know more.

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