Cohen v. California

Cohen v. California, 403 U.S. 15 (1971), is a landmark decision of the United States Supreme Court.

Paul Robert Cohen wore a jacket in the Los Angeles County Courthouse with the words ‘Fuck the Draft’ printed on the back. He was convicted under a California law prohibiting ‘malicious and willful disturbance of the peace.’ Cohen argued the conviction violated the First Amendment.

Significance

Justice Harlan’s 5-4 opinion reversed the conviction, holding that the state could not punish the mere communication of offensive words without a showing of an intent to incite violence. The Court reasoned that ‘one man’s vulgarity is another’s lyric’ and that the government cannot censor words based on their offensiveness. This landmark case established that the First Amendment protects offensive, vulgar, and profane speech unless it falls within a narrow exception such as fighting words or obscenity.

Category

US Federal Case Law