Watch this racist guy get the white slapped off of him when he uses a slur in an Applebees.

[Jedi Guy]

99. Doubtful that a racial slur would be considered "fighting words."

Mere offensiveness doesn't constitute fighting words. Examples of protected speech in past cases have included things like "bury the n*****s" so it's doubtful that the simple utterance of the slur itself would be considered fighting words.

Odds are you're right that the attacker in this case probably isn't going to get the book thrown at him, as any jury is likely going to be fairly sympathetic to him. Doesn't change the fact that responding to speech with violence is not appropriate. The First Amendment is a cornerstone of our society and has long been held to protect even vile, hateful speech.