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Fighting Words and Free Speech Cases

  • Chaplinsky v. New Hampshire (1942)

Chaplinsky v. New Hampshire (1942) established that fighting words are not
protected by the First Amendment. The Court has since narrowed the fighting
words doctrine.

  • City of Houston v. Hill (1987)

City of Houston v. Hill (1987) found that a Houston ordinance prohibiting
verbal abuse of police officers to a criminalization of First Amendment
protected speech.

  • Cohen v. California (1971)

In Cohen v. California (1971) established that criminalizing the display of
profane words in public places — in this case on a jacket —violates the
First Amendment.

  • Gooding v. Wilson (1972)

Gooding v. Wilson (1972) limited the scope of the “fighting words”
exception to the First Amendment and enhanced the development of the
overbreadth doctrine.

  • Karlan v. City of Cincinnati (1974)

In Karlan v. City of Cincinnati (1974), the Court was asked to decide
whether a city ordinance prohibiting words uttered in an “insulting” manner
violated the Constitution.

  • Lewis v. City of New Orleans (1974)

Lewis v. City of New Orleans (1974) overturned a conviction for cursing at
police, saying the state law was overly broad and thus violated the First
Amendment.

  • Lucas v. Arkansas (1974)

Lucas v. Arkansas (1974) vacated convictions for making derogatory remarks
against the police since an earlier case said that such ordinances violated
the First Amendment.

  • R.A.V. v. St. Paul (1992)

In R.A.V. v. St. Paul (1992), the Court, citing violation of the First
Amendment, overturned a rule that made it a crime to use a burning cross to
intimidate others.

  • Rosenfeld v. New Jersey (1972)

In Rosenfeld v. New Jersey (1972), which involved profanity and the First
Amendment, the Court vacated the conviction of a man who used profane
language at a school board meeting.

  • Uzuegbunam v. Preczewski(2021)

The U.S. Supreme Court case, Uzuegbunam v. Preczewski, arose when a college
prevented a student from distributing religious literature. The court said
the case could continue even though the student only wanted nominal damages.

ABOUT US

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The Free Speech Center is a nonpartisan, nonprofit public policy center dedicated to building understanding of the five freedoms of the First Amendment through education, information and engagement.

freespeechcenter@mtsu.edu

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