Cohen v. California
United States Supreme Court
403 U.S. 15 (1971)
Relevant factsFree
Cohen (defendant) wore a jacket reading "Fuck the Draft" in a courthouse to express his opposition to the Vietnam War and the draft, without engaging in any threatening conduct; he was convicted under a California statute criminalizing willfully disturbing the peace through offensive conduct, with women and children present. He challenged the conviction as violating the First Amendment; the California Court of Appeal upheld it, the state supreme court denied review, and the U.S. Supreme Court granted certiorari.
IssueFree
Whether a statute that prohibits disturbing the peace by offensive speech violates the freedom of expression protected by the First Amendment.