Hendrix’s conviction is an outlier, at least for now. On July 30, Hendrix’s attorney filed a notice that Hendrix would be appealing the conviction. Overturning a constitutional doctrine is always a long shot, but Hendrix’s conviction exposes the doctrine’s deep flaws. AdvertisementOn appeal, Hendrix’s lawyers have a strong argument that the fighting words exception is a relic inconsistent with the Court’s incitement and true threat cases. AdvertisementConstitutional concerns aside, Hendrix's conviction is simply unfair and arbitrary—a consequence of her unfortunate virality rather than the impartial exercise of prosecutorial discretion.