If spouting Nazi propaganda to a Jew doesn't fall under the fighting words exception then nothing does, I doubt a jury in the country would vote to convict even if Shia was a jack ass.
It doesn't matter, that's not the issue. Like I said, if LaBeouf had called the cops and filed charges, that argument
might be valid. I don't think it would be in this case because you're jumping to the conclusion he was "espousing Nazi propaganda" and even then, that's
not "lewd, vulgar and offensive" in the context of the "fighting words" doctrine. He chose to attack and assault the man instead. You can't do that under
ANY circumstance, even
IF the guy was guilty of the law you claim he broke.
This is not up to a jury, it's up to a judge. The judge will decide if "simple battery" took place and LaBeouf has no defense. Furthermore, he is also liable for punitive damages if the victim decides to sue him. You simply cannot physically attack someone you disagree with. The ONLY time that is even remotely acceptable is in
self defense when you are being
physically attacked.