Cohen v. California Summary | quimbee.com

The Los Angeles Municipal Court convicted Robert Cohen (defendant) for violating the state penal code prohibiting “maliciously and willfully disturbing the peace or quiet of any neighborhood or person by offensive conduct.” He was convicted after wearing a jacket bearing the words “Fuck the Draft.” Women and children were present. Cohen argued that he wore the jacket as a means of expressing the depth of his feelings toward the Vietnam War and the draft. He did not engage in any threatening conduct in conjunction with this speech. Cohen challenged his conviction on First Amendment grounds against the State of California (plaintiff), but the California Court of Appeal upheld the conviction. The Supreme Court of California denied review, but the United States Supreme Court granted certiorari.

[mactastic]

"The free exchange of ideas, even offensively expressed ideas, is a *virtue* worthy of First Amendment protection." - Justice Harlan
These words are a blessing to my ears. People don't realize the importance of this decision.

[HistoryCollectorsForum]

Case law that is still relevant today.

[Cjephunneh]

As long as tyrants exist, Free speech limits will continue to be controversial.

[philipcearley]

It's a freedom of speech, but keep it low in front of the children.

[Toshineko]

Just like the ''Eff the draft'' t shirt is protected speech, so too is the ''Eff the police'' t shirt. Isn't that right, officers?

[giordanobruno]

Try pulling a camera like a GoPro or your cell phone camera in a courthouse, courtroom or even out on the steps and you risk assault from law enforcement.

Go ahead. Try to express your free speech in the most public building in your community. Just pull out a camera. Don’t say a word. Just record. Good luck.

[haroldgobbel]

I understand the needs of the First Amendment for all of us. And I, too, am happy that it is there for all of us. However, societal values are also important - even paramount, even though they change through the years. Justice Harlan was absolutely wrong in saying a person simply doesn't have to look. That is absurd. You certainly can turn away AFTER you see it, but why in the world would you turn away from anything that you've never seen? It's too late. You have already seen it. Now, you can turn away. But now, you've already been offended. It is a surprise and a shock to see a sign in the back of a station wagon window with this word, just as much (perhaps even more, since you may be stuck behind that station wagon for a while) as it is to have a person rounding the corner wearing a top displaying the word. The "F" word is NOT a word for public use. Nor is it a word for use in mixed company. Certainly, not for use around MY children (referencing the station wagon and even the Sonic restaurant). All of our children will have to fight off corruption and vulgarity soon enough. Parents really don't need anyone's help in escorting their children to the world of vulgarity. In Boston (when I lived there), you couldn't turn your car radio up so loud that the person in the next car couldn't even think. I thought that law was great. Sure, words are cute. Words are descriptive. Words are ways to an expression that otherwise couldn't be expressed. But there is also respect for others that somehow has been lost. Mr. White's use of the "F" word was not a free exchange of ideas. It was a provocation.

[ShamankingZuty]

Of course this would happen in California. What a piece of shit state.