1st Amendment Cases – Cohen v. California

One of the many cases used as case law for 1st Amendment cases, this is the one about the guy wearing a jacket that said “Fuck the Draft”

Cohen v. California Supreme Court of the United States Argued February 22, 1971 Decided June 7, 1971 Full case name Paul Robert Cohen, Appellant v. State of California Citations 403 U.S. 15 (more) 91 S. Ct. 1780; 29 L. Ed. 2d 284; 1971 U.S. LEXIS 32 Prior history Defendant convicted, Los Angeles Municipal Court; affirmed, 81 Cal. Rptr. 503 (Cal. Ct. App. 1969); rehearing denied, Court of Appeal of California, Second Appellate District 11-13-69; review denied, Supreme Court of California, 12-17-69 Subseque

Source: Cohen v. California – Wikipedia

One of the best things about that article is the quote by the judge:

To many, the immediate consequence of this freedom may often appear to be only verbal tumult, discord, and even offensive utterance”, Justice Harlan wrote. “These are, however, within established limits, in truth necessary side effects of the broader enduring values which the process of open debate permits us to achieve. That the air may at times seem filled with verbal cacophony is, in this sense not a sign of weakness but of strength.[2] [A]bsent a more particularized and compelling reason for its actions”, Harlan continued, “the State may not, consistently with the First and Fourteenth Amendments, make the simple public display of this single four-letter expletive a criminal offense.[3] In his opinion Justice Harlan famously wrote “one man’s vulgarity is another’s lyric.

 

 

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