Breach Quote by Ithiel de Sola Pool
“It is within the police power of the state to prohibit public use of fighting words that create a danger of breach of the peace, but simply to prohibit public use of fighting words is too broad. Those words may sometimes be used in situations where there is no danger.”
About This Quote
Source Speech: Legal Theory Lecture, 1970s
The state may limit speech that threatens public order, but a blanket ban on provocative language can overreach when no danger exists.
In simple terms: Limits on dangerous speech, not all provocative speech.
Key Takeaway
Target restrictions to genuine threats.
Themes
free speech
public order
legal limits
Mood
cautious
analytical
Type
legal
philosophical
When to use this quote
- court rulings
- public protests
- online harassment
- political rallies
Key Concepts
first amendment
dangerous speech
state authority
Questions to Reflect On
- When does speech become a true threat?
- How can law distinguish intent from effect?
A Different Perspective
Balancing safety and liberty is complex and context‑dependent.
![“[I]f we assume a liberty interest but nevertheless say that, even assuming a liberty interest, a state can prohibit it entirely, that would be rather a conundrum.” quote by William Rehnquist](https://sms4smile.com/quotes/img-quotes/16f/william-rehnquist-28058_assuming_i-f-we-assume-a-liberty-interest-but-nev_1642233.jpg)
