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Cohen
v. California
Author: Lindsey
Facts
To protest the Vietnam
war, P wore a jacket into a courthouse with the words Fuck
the draft on it. He did not threaten anyone nor was
anyone who saw the jacket violently aroused. P was charged
with disturbing the peace.
Issue
Are the words fuck
the draft protected speech?
Holding
Yes, the words are protected.
Reasoning
- you cant say that
youre just trying to preserve a decorous courtroom
because no where in the statute does it say that you can
say certain things in one location and not in another
- The words cant
be banned as obscene, because they are in no way
erotic.
- The fact that
certain words are offensive doesnt make them
fighting wordsto be fighting words they must be
directed at a person.
Judgment
Reversed.
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