The "reason why ﬁghting words are categorically excluded from the protection of the First Amendment
is not that their content communicates any particular idea, but that their content embodies a particularly intolerable (and socially unnecessary) mode of expressing whatever idea the speaker wishes to convey." Even in cases where speech encourages illegal violence, instances of incitement qualify as criminal only if the threat of violence is imminent. This strict standard prevents prosecution of many cases of incitement,
including prosecution of those advocating violent opposition to the government and those exhorting violence against racial, ethnic, or gender minorities.