cohen california argued february decided june appellant convicted violating part cal penal code prohibits maliciously willfully disturb ing peace quiet neighborhood person offensive conduct wearing jacket bearing words fuck draft corridor los angeles courthouse appeal held offensive conduct means behavior tendency provoke others acts violence turn disturb peace affirmed conviction held absent particularized compelling reason actions state may consistently first fourteenth amendments make simple public display single expletive criminal offense pp cal app cal rptr reversed harlan delivered opinion douglas brennan stewart marshall joined blackmun filed dissenting opinion burger black joined white joined part post melville nimmer argued cause appellant brief laurence sperber michael sauer argued cause appellee brief roger arnebergh anthony amsterdam filed brief american civil liberties union northern california amicus curiae urging reversal justice harlan delivered opinion case may seem first blush inconsequential find way books issue presents small constitutional significance appellant paul robert cohen convicted los angeles municipal violating part california penal code prohibits maliciously willfully disturb ing peace quiet neighborhood person offensive conduct given days imprisonment facts upon conviction rests detailed opinion appeal california second appellate district follows april defendant observed los angeles county courthouse corridor outside division municipal wearing jacket bearing words fuck draft plainly visible women children present corridor defendant arrested defendant testified wore jacket knowing words jacket means informing public depth feelings vietnam war draft defendant engage threaten engage anyone result conduct fact commit threaten commit act violence defendant make loud unusual noise evidence uttered sound prior arrest cal app cal rptr question jurisdiction need detain us long throughout proceedings cohen consistently claimed construed apply facts case statute infringed rights freedom expression guaranteed first fourteenth amendments federal constitution contention rejected highest california state review accordingly fully satisfied cohen properly invoked jurisdiction appeal milling bondurant order lay hands precise issue case involves useful first canvass various matters record present conviction quite clearly rests upon asserted offensiveness words cohen used convey message public conduct state sought punish fact communication thus deal conviction resting solely upon speech cf stromberg california upon separately identifiable conduct allegedly intended cohen perceived others expressive particular views face necessarily convey message hence arguably regulated without effectively repressing cohen ability express cf state certainly lacks power punish cohen underlying content message inscription conveyed least long showing intent incite disobedience disruption draft cohen consistently first fourteenth amendments punished asserting evident position inutility immorality draft jacket reflected yates appellant conviction rests squarely upon exercise freedom speech protected arbitrary governmental interference constitution justified valid regulation manner exercised freedom permissible prohibition substantive message conveys end inquiry course first fourteenth amendments never thought give absolute protection every individual speak whenever wherever pleases use form address circumstances chooses vein however think important note several issues typically associated problems presented first place cohen tried statute applicable throughout entire state attempt support conviction ground statute seeks preserve appropriately decorous atmosphere courthouse cohen arrested must fail absence language statute put appellant notice certain kinds otherwise permissible speech conduct nevertheless california law tolerated certain places see edwards south carolina cf adderley florida fair reading phrase offensive conduct said sufficiently inform ordinary person distinctions certain locations thereby created second place comes us case said fall within relatively categories instances prior decisions established power government deal comprehensively certain forms individual expression simply upon showing form employed example obscenity case whatever else may necessary give rise broader power prohibit obscene expression expression must significant way erotic roth plausibly maintained vulgar allusion selective service system conjure psychic stimulation anyone likely confronted cohen crudely defaced jacket also held free ban simple use without demonstration additional justifying circumstances fighting words personally abusive epithets addressed ordinary citizen matter common knowledge inherently likely provoke violent reaction chaplinsky new hampshire word displayed cohen relation draft uncommonly employed personally provocative fashion instance clearly directed person hearer cantwell connecticut individual actually likely present reasonably regarded words appellant jacket direct personal insult instance exercise state police power prevent speaker intentionally provoking given group hostile reaction cf feiner new york terminiello chicago noted showing anyone saw cohen fact violently aroused appellant intended result finally arguments much made claim cohen distasteful mode expression thrust upon unwilling unsuspecting viewers state might therefore legitimately act order protect sensitive otherwise unavoidable exposure appellant crude form protest course mere presumed presence unwitting listeners viewers serve automatically justify curtailing speech capable giving offense see organization better austin keefe recognized government may properly act many situations prohibit intrusion privacy home unwelcome views ideas totally banned public dialogue rowan post office time consistently stressed often captives outside sanctuary home subject objectionable speech ability government consonant constitution shut discourse solely protect others hearing words dependent upon showing substantial privacy interests invaded essentially intolerable manner broader view authority effectively empower majority silence dissidents simply matter personal predilections regard persons confronted cohen jacket quite different posture say subjected raucous emissions sound trucks blaring outside residences los angeles courthouse effectively avoid bombardment sensibilities simply averting eyes may one substantial claim recognizable privacy interest walking courthouse corridor example strolling central park surely nothing like interest free unwanted expression confines one home cf keefe supra given subtlety complexity factors involved cohen speech otherwise entitled constitutional protection think fact unwilling listeners public building may briefly exposed serve justify breach peace conviction evidence persons powerless avoid appellant conduct fact object portion statute upon cohen conviction rests evinces concern either face construed california courts special plight captive auditor instead indiscriminately sweeps within prohibitions offensive conduct disturbs neighborhood person cf edwards south carolina supra ii background issue flushed case stands bold relief whether california excise offensive conduct one particular scurrilous epithet public discourse either upon theory use inherently likely cause violent reaction upon general assertion acting guardians public morality may properly remove offensive word public vocabulary rationale california plainly untenable reflects undifferentiated fear apprehension disturbance enough overcome right freedom expression tinker des moines indep community school shown evidence substantial numbers citizens standing ready strike physically whoever may assault sensibilities execrations like uttered cohen may persons lawless violent proclivities insufficient base upon erect consistently constitutional values governmental power force persons wish ventilate dissident views avoiding particular forms expression argument amounts little proposition avoid physical censorship one sought provoke response hypothetical coterie violent lawless may appropriately effectuate censorship cf ashton kentucky cox louisiana admittedly obvious first fourteenth amendments must taken disable punishing public utterance unseemly expletive order maintain regard suitable level discourse within body politic think however examination reflection reveal shortcomings contrary viewpoint outset overemphasize judgment situations state justifiable interest regulating speech fall within one various established exceptions discussed applicable usual rule governmental bodies may prescribe form content individual expression equally important conclusion constitutional backdrop decision must made constitutional right free expression powerful medicine society diverse populous designed intended remove governmental restraints arena public discussion putting decision views shall voiced largely hands us hope use freedom ultimately produce capable citizenry perfect polity belief approach comport premise individual dignity choice upon political system rests see whitney california brandeis concurring many immediate consequence freedom may often appear verbal tumult discord even offensive utterance however within established limits truth necessary side effects broader enduring values process open debate permits us achieve air may times seem filled verbal cacophony sense sign weakness strength lose sight fact otherwise might seem trifling annoying instance individual distasteful abuse privilege fundamental societal values truly implicated holly neutral futilities come protection free speech fully keats poems donne sermons winters new york frankfurter dissenting long means peaceful communication need meet standards acceptability organization better austin keefe perception constitutional policies involved discern certain particularized considerations peculiarly call reversal conviction first principle contended state seems inherently boundless one distinguish offensive word surely state right cleanse public debate point grammatically palatable squeamish among us yet readily ascertainable general principle exists stopping short result affirm judgment particular word litigated perhaps distasteful others genre nevertheless often true one man vulgarity another lyric indeed think largely governmental officials make principled distinctions area constitution leaves matters taste style largely individual additionally overlook fact well illustrated episode involved much linguistic expression serves dual communicative function conveys ideas capable relatively precise detached explication otherwise inexpressible emotions well fact words often chosen much emotive cognitive force sanction view constitution solicitous cognitive content individual speech little regard emotive function practically speaking may often important element overall message sought communicated indeed justice frankfurter said ne prerogatives american citizenship right criticize public men measures means informed responsible criticism freedom speak foolishly without moderation baumgartner finally vein indulge facile assumption one forbid particular words without also running substantial risk suppressing ideas process indeed governments might soon seize upon censorship particular words convenient guise banning expression unpopular views able noted discern little social benefit might result running risk opening door grave results sum judgment absent particularized compelling reason actions state may consistently first fourteenth amendments make simple public display involved single expletive criminal offense arguably sustainable rationale conviction issue judgment must reversed footnotes every person maliciously willfully disturbs peace quiet neighborhood person loud unusual noise tumultuous offensive conduct threatening traducing quarreling challenging fight fighting public streets unincorporated town upon public highways unincorporated town run horse race either wager amusement fire gun pistol unincorporated town use vulgar profane indecent language within presence hearing women children loud boisterous manner guilty misdemeanor upon conviction competent jurisdiction shall punished fine exceeding two hundred dollars imprisonment county jail ninety days fine imprisonment either discretion suggestion made light supervening opinion california bushman cal certain california appeal construction authoritative california construction post blackmun dissenting course bushman opinion chief justice traynor stated one may guilty disturbing peace offensive conduct within meaning actions wilfully maliciously incites others violence engages conduct likely incite others violence people cohen cal app cal rptr cal illuminating note transpired cohen entered courtroom building removed jacket stood folded arm meanwhile policeman sent presiding judge note suggesting cohen held contempt judge declined cohen arrested officer emerged courtroom app fact portions statute make distinctions example statute also prohibits disturbing peace quiet loud unusual noise using vulgar profane indecent language within presence hearing women children loud boisterous manner see supra provision particular serves put actor much fairer notice prohibited also buttresses view offensive conduct portion construed applied case legitimately justified designed intended make fine distinctions differently situated recipients amicus urges force issue properly us since statute construed punishes conduct might cause others react violently however opinion appears erect virtually irrebuttable presumption use word produce results statute thus construed appears impose effect flat ban public utterance word case posture seem inappropriate inquire whether rationale might properly support result think clear reasons expressed statute merely proscribes offensive conduct construed broadly one subsequently justified discriminating conduct occurs different places offends certain persons unreasonable seek justify full broad sweep alternate rationale patently clear acceptance justification presently consideration render statute overbroad unconstitutionally vague answer appellee argument seems quite clear pass contention claim presented record justice blackmun chief justice justice black join dissent two reasons cohen absurd immature antic view mainly conduct little speech see street new york cox louisiana giboney empire storage california appeal appears described cal app cal rptr characterize otherwise case appears well within sphere chaplinsky new hampshire justice murphy known champion first amendment freedoms wrote unanimous bench consequence agonizing first amendment values seems misplaced unnecessary certain california appeal construction authoritative california construction appeal filed opinion october california declined review vote december see cal app month later january state another case construed evidently first time bushman cal chief justice traynor among dissenters refusal take cohen case wrote majority opinion held unconstitutionally vague overbroad said hat part penal code section question makes punishable wilful malicious conduct violent endangers public safety order creates clear present danger others engage violence nature make criminal nonviolent act unless act incites threatens incite others violence cal justice white concurs paragraph justice blackmun dissenting opinion