Insults are not usually deemed sufficiently harmful to give rise to a legal cause of action. The law expects people to have skin thick enough to withstand a certain amount of criticism and unpleasantness. There is, however, an “insulting words” statute in Virginia (Va. Code § 8.01-45) that prohibits insults that are so offensive that they tend to violence and breach of the peace. To state a claim for insulting words under the statute, all that is required is that the words (1) be insults and (2) “tend to violence and breach of the peace.”
“What about freedom of speech?” you might be wondering. In the seminal case of Chaplinsky v. State of New Hampshire, 315 U.S. 568 (1942), the Supreme Court held that the punishment of certain narrowly limited classes of speech, such as “fighting words” that tend to incite an immediate breach of the peace, would not raise a constitutional concern. The Supreme Court later clarified that fighting words could only be restricted upon the satisfaction of a rigorous “clear and present danger” test. See Terminiello v. City of Chicago, 337 U.S. 1, 4 (1949) (holding that “freedom of speech…is…protected against censorship or punishment, unless shown likely to produce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest”).