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Profane or Indecent 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.

  • Christian Legal Society v. Martinez(2010)

Christian Legal Society v. Martinez (2010) said not allowing a Christian
Legal Society chapter to receive benefits did not violate the First
Amendment.

  • 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.

  • Federal Communications Commission v. Pacifica Foundation (1978)

In FCC v. Pacifica Foundation (1978), the Supreme Court reaffirmed that
there is less First Amendment protection for broadcast media than other
forms of media.

  • 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.

  • 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.

  • Papish v. Board of Curators of the University of Missouri(1973)

Papish v. Board of Curators of the University of Missouri (1973) reaffirmed
that universities cannot punish students for indecent speech that does not
disrupt order.

  • People v. Boomer (Mich. Ct. App.)(2002)

In what is known as the “Cussing Canoeist” case, a Michigan profanity law
making it illegal to curse in front of women and children was overturned by
a state appellate court as incompatible with the First Amendment’s
protection of free speech. Timothy Boomer, who had fallen into the river
while canoeing and unleashed a stream of curse words, had been convicted
under the statute.

  • Reno v. American Civil Liberties Union (1997)

Reno v. ACLU (1997) said provisions of the Communications Decency Act that
regulated Internet speech were too restrictive and violated the First
Amendment.

  • 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.

  • Sable Communications of California v. Federal Communications Commission (1989)

Sable Communications of California v. Federal Communications Commission
(1989) established the principle that indecent speech for adults is
protected by the First Amendment.

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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