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The Supreme Court has been backing away from the fighting words doctrine since 1970. Since states can't enact a stricter doctrine than the one the federal government uses, I doubt this will survive appeal.
The Roberts Court will bend over backwards not to protect the right to say the n-word.
Honestly, this shouldn't reach the Court. The appeals court has all they need to reverse. After which, the SC just denies cert.
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The Supreme Court is free to amuse themselves in whatever way they see fit.
Meanwhile, in the real world...
I don't believe in the First Amendment. That is, I do not believe it would significantly protect me from the things I would actually need protecting from if I were to exercise the rights it purports to enshrine, and convolutions about how the extremely awful things that would have a very high probability of happening to me don't count because they weren't what the First Amendment was intended for don't actually interest me.
I cannot speak freely. I have not been able to speak freely for a very long time, and I do not think this is likely to change in the foreseeable future. Therefore, I do not care if you cannot speak freely either. If the First Amendment is a dead letter for me, and it is, then it should be a dead letter for you too. If it isn't, then that is a problem that needs fixing, and it's pretty clear to me that it's not going to be fixed by the restoration of strong principles and norms of robust free speech and mutual toleration, so that leaves the other way.
Usually, the counter-argument is something along the lines of "you just want to be able to use the N-word without consequences". But this could not be further from the truth! I do not think I have ever spoken or written the n-word to another person, and the only time I've actually spoken it aloud when alone was when singing along to Nina Gordon's cover of NWA, many years ago. I would never do that now, of course, because it is simply, obviously true that words are powerful magic and can ruin your whole life if used incautiously, and obviously I don't want my life ruined. I have no interest in gaining protection from dark magic I gain no benefit from employing in any case; I would much, much rather see illegitimate protection removed from other classes of dark-magic practitioners who now enjoy immunity for their abuses.
I've never said the n-word. To the point where I haven't and even can't say it aloud when I'm totally alone, despite intellectually not believing in magic words.
My wife jokes that it's because I'm scared (((they))) are listening.
That’s next level knee-bending to a no-no word. I’d be afraid of letting a girlfriend/wife know I was so frightened by the gamer word, lest she gets the ick. You could consider some exposure therapy through Fitzsimmons-maxxing.
Perhaps “nigger” is the modern Bloody Mary. Say it three times in a bathroom mirror and the ghost of Saint Floyd will show up to drag you away for your sin.
I get scared even seeing it rendered in HTML. Let it be known I unequivocably condemn your sacrilege.
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