Hess v. Indiana
United States Supreme Court
414 U.S. 105 (1973)
Gregory Hess (defendant) was arrested for disorderly conduct during an antiwar demonstration after officers moved a crowd of protesters, who had been blocking a street, onto the sidewalks; witnesses testified Hess shouted either "We'll take the fucking street later" or "...again," apparently as a general exclamation not directed at anyone in particular, and no louder than others in the crowd. The state supreme court upheld his conviction, finding the statement was intended to and likely would incite the crowd to further illegal activity, and Hess appealed.
Whether a general, undirected exclamation advocating future illegal action, made during a demonstration, is constitutionally protected speech when there is no evidence it was intended or likely to provoke imminent illegal conduct.