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I am not a lawyer, but I believe this doctrine has essentially not been enforced in recent memory. The subsequent paragraph to the one you quoted steadily showed it being rejected by those who attempted to bring it before the court in the US.


There are fresh fighting-words arrest-reports, here: http://news.google.com/news?q=%22fighting+words%22+arrested


the test for assault is that a reasonable person would fear for their safety or life

the test for battery is that you harmfully or offensively touched someone or something on them

i think spitting would fall under both for most juries..




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