chaplinsky state new hampshire argued february decided march hayden covington brooklyn appellant frank kenison conway appellee justice murphy delivered opinion appellant member sect known jehovah witnesses convicted municipal rochester new hampshire violation chapter section public laws new hampshire person shall address offensive derisive annoying word person lawfully street public place call offensive derisive name make noise exclamation presence hearing intent deride offend annoy prevent pursuing lawful business occupation complaint charged appellant force arms certain public place said city rochester wit public sidewalk easterly side wakefield street near unto entrance city hall unlawfully repeat words following addressed complainant say god damned racketeer damned fascist whole government rochester fascists agents fascists offensive derisive annoying words names upon appeal trial de novo appellant jury superior found guilty judgment conviction affirmed state motions exceptions appellant raised questions statute invalid fourteenth amendment constitution placed unreasonable restraint freedom speech freedom press freedom worship vague indefinite contentions overruled case comes appeal substantial dispute facts chaplinsky distributing literature sect streets rochester busy saturday afternoon members local citizenry complained city marshal bowering chaplinsky denouncing religion bowering told chaplinsky lawfully engaged warned chaplinsky crowd getting restless time later disturbance occurred traffic officer duty busy intersection started chaplinsky police station inform arrest going arrested way encountered marshal bowering advised riot way therefore hurrying scene bowering repeated earlier warning chaplinsky addressed bowering words set forth complaint chaplinsky version affair slightly different testified met bowering asked arrest ones responsible disturbance reply bowering cursed told come along appellant admitted said words charged complaint exception name deity appellant objection trial excluded immaterial testimony relating appellant mission preach true facts bible treatment hands crowd alleged neglect duty part police action approved held neither provocation truth utterance constitute defense charge clear speech freedom press protected first amendment infringement congress among fundamental personal rights liberties protected fourteenth amendment invasion state action lovell city griffin freedom worship similarly sheltered cantwell connecticut appellant assails statute violation three freedoms speech press worship attack basis free speech warranted spoken written word involved conceive cursing public officer exercise religion sense term even activities appellant preceded incident viewed religious character therefore entitled protection fourteenth amendment cloak immunity legal consequences concomitant acts committed violation valid criminal statute turn therefore examination statute allowing broadest scope language purpose fourteenth amendment well understood right free speech absolute times circumstances certain narrowly limited classes speech prevention punishment never thought raise constitutional problem include lewd obscene profane libelous insulting utterance inflict injury tend incite immediate breach peace well observed utterances essential part exposition ideas slight social value step truth benefit may derived clearly outweighed social interest order morality epithets personal abuse proper sense communication information opinion safeguarded constitution punishment criminal act raise question instrument cantwell connecticut state statute challenged comes us authoritatively construed highest new hampshire two first relates words names addressed another public place second refers noises exclamations said two provisions distinct one may stand separately assuming without holding second unconstitutional first stand constitutional accept construction severability limit consideration first provision statute authority earlier decisions state declared statute purpose preserve public peace words except direct tendency cause acts violence person individually remark said word defined terms particular addressee thinks test men common intelligence understand words likely cause average addressee fight english language number words expressions general consent words said without disarming smile words ordinary men know likely cause fight threatening profane obscene revilings derisive annoying words taken coming within purview statute heretofore interpreted characteristic plainly tending excite addressee breach peace statute construed prohibit words plainly likely cause breach peace addressee words whose speaking constitute breach peace fighting words words current use less equally likely cause violence disorderly words including profanity obscenity threats unable say limited scope statute thus construed contravenes constitutional right free expression statute narrowly drawn limited define punish specific conduct lying within domain state power use public place words likely cause breach peace cf cantwell connecticut thornhill alabama conclusion necessarily disposes appellant contention statute vague indefinite render conviction thereunder violation due process statute punishing verbal acts carefully drawn unduly impair liberty expression vague criminal law cf fox washington say application statute facts disclosed record substantially unreasonably impinges upon privilege free speech argument unnecessary demonstrate appellations racketeer fascist epithets likely provoke average person retaliation thereby cause breach peace refusal state admit evidence provocation evidence bearing truth falsity utterances open constitutional objection whether facts sought proved evidence constitute defense charge may shown mitigation questions state determine function fulfilled determination challenged statute face applied contravene fourteenth amendment affirmed footnotes see also bridges california decided december cantwell connecticut thornhill alabama schneider state new jersey de jonge oregon grosjean american press near minnesota stromberg california whitney california gitlow new york appellant pitches argument due process clause fourteenth amendment schenck whitney california brandeis concurring stromberg california near minnesota de jonge oregon herndon lowry cantwell connecticut protection first amendment mirrored fourteenth limited blackstonian idea freedom press means freedom restraint prior publication near minnesota chafee free speech chafee op since complaint charged appellant violating first provision statute problem stromberg california present state brown state mcconnell problem lanzetta new jersey even interpretative gloss placed statute disregarded statute previously construed intended preserve public peace punishing conduct direct tendency provoke person directed acts violence state brown appellant need therefore prophet understand statute condemned cf herndon lowry see nash