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But did it incite an immediate breach of the peace?
Last week, the authority changed its advertising rules to ban ads that could "imminently incite or provoke violence or other immediate breach of the peace".
The authority's new guidelines also included prohibitions on ads that the agency "reasonably foresees would imminently incite or provoke violence or other immediate breach of the peace".
A new provision allows an ad to be rejected if the authority "reasonably foresees" that it "would incite or provoke violence or other immediate breach of the peace".
But they said the state had not met its burden of proving that the gesture tended "to incite an immediate breach of the peace".
Fighting words are, as first defined by the Supreme Court (SCOTUS) in Chaplinsky v New Hampshire, 315 U.S. 568 (1942), words which "by their very utterance, inflict injury or tend to incite an immediate breach of the peace.
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We would be surprised if he recommended immediate breaching.
The Supreme Court, in allowing publication of the Pentagon Papers to resume (New York Times Co. v. United States), wrestled extensively with Near v. Minnesota, and ultimately decided that revealing the government's secret history of the Vietnam War did not amount to the sort of immediate, serious breach of national security that Hughes envisioned.
In addition to causing immediate financial losses, breaches can undermine longer term confidence in new solutions, leading to lower adoption rates particularly among users with less experience engaging with digital services.
Data breaches could significantly impact a health practice's bottom line, and while the costs of the immediate aftermath of a breach and potential OCR settlements can easily run into the millions, these more direct costs pale in comparison to the long-term loss of trust that occurs between providers and the patients they serve.
When he heard about the Equifax breach, his immediate instinct was to contact Equifax to change his PINs.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com