This morning I was doing some research in the criminal section of the West Virginia Code for an extradition case we have and came across this odd anachronism:
If any person post another, or in writing or in print use any reproachful or contemptuous language to or concerning another, for not fighting a duel, or for not sending or accepting a challenge, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than six months, or fined not exceeding one hundred dollars.That's WV Code section 61-2-24, passed in 1882 and not touched since. In the context of the 19th century attempt to clamp down on duelling, it makes sense - if you want to keep people from getting sucked into a duel, make it a crime for the other side (or mischievous bystanders) to basically yell "chicken" and goad the other party into it. I suppose that might be the very definition of fighting words, huh?
1 comment:
Now that you've discovered "fighting words," you really need to read Covey v. Fields, 177 W.Va. 481, 354 S.E.2d 413 (1987) to see how to use it in a lawsuit.
In Covey, the defendant - "while performing devout ministrations to Dionysus" - hurled rocks and eggs at the plaintiff's house and epithets at his character. "Mr. Fields accused Mr. Covey of participating in homosexual and Oedipal dalliances, and attributed to him a canine lineage. Mr. Fields also impugned Mrs. Covey's chastity and virtue in a gross manner."
It's Richard Neely at his best.
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