The paper discusses the problem of the special nature of an act of insult, based on a case covered by the media of a producer of baseball bats featuring the symbol of “Fighting Poland”, sentenced on these grounds for insulting this symbol. The first part of the analysis focuses on the possibility and validity of distinguishing a special category of prohibited acts consisting in an expression of certain content (called speech) by the perpetrator, that insult is considered to be an example of. On these grounds, having adopted constructivist approach and referring to the theory of communication, the features of this speech are presented that distinguishes it from the behaviour generally called psychophysical. In the second part of the paper the earlier findings are applied to the discussed case. It is stressed that both: the content of the perpetrator’s speech has to be determined as well as whether it could be considered as an insult, i.e. as speech that led to the creation of an interpretation recognised by members of the society as insulting.