Cohen v. California (1971)

Cohen v. California (1971)

Facts

Cohen was convicted of disturbing the peace and was sentenced to 30 days in jail. On April 26th of 1968 Cohen wore a jacket that stated “fuck the draft” on the back. The lower court deemed this as “offensive conduct” and Cohen was prosecuted under California state law.

Issue

Does “fighting words” include such acts that may offend, but does not single out someone for violence?

Holding

No

Rationale

“Cohen could not be punished for asserting the evident position on the inutility or immorality of the draft his jacket reflected”.

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