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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.

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