Constitutional Law Keyed to Cohen
Cohen v. California
Facts
Appellant wore a jacket with the words “Fuck the Draft” to the Los Angeles courthouse corridor. Women and children were present in the corridor when Defendant walked through. Appellant testified that he wore the jacket as a means of informing the public of the depth of his feelings against the Vietnam War and the draft. The Appellant was indicted and convicted of violating a California statute that prohibited “maliciously and willfully disturbing the peace or quiet of any neighborhood or person by offensive conduct.” The California Court of Appeals, in affirming the conviction, held that offensive conduct means behavior which has a tendency to provoke others to acts of violence or to in turn disturb the peace, and it was reasonably foreseeable that Appellant conduct might cause others to commit an act of violence against defendant or to forcibly remove his jacket. Appellant then appealed this case to the Supreme Court asking the Court to reverse this conviction because this st atute violates his First Amendment rights.
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