It is important because fighting words is a category of unprotected speech in First Amendment jurisprudence. The issue often arises when an individual is charged with violating a disorderly conduct or breach-of-the-peace statute or ordinance. The individual may argue that the statute is too broad and applies to critical, offensive speech that should retain First Amendment protection. Many state supreme courts have upheld such statutes by interpreting them to apply only to fighting words. This is what is known in legal terms as a limiting construction.