Gooding v. Wilson (1972)

Facts: In August 1966, Johnny Wilson and several anti-war activists picketed at a U.S. Army induction center in Atlanta, blocking the entrance. Police officers asked them to move away from the entrance, and when the protesters refused, the officers attempted to move them, and a scuffle broke out. Wilson yelled at a police officer, saying "White son-of-a-bitch, I'll kill you, "You son-of-a-bitch, I'll choke you to death," and "You son-of-a-bitch, if you ever put your hands on me again, I'll cut you all to pieces." Wilson was convicted of violating a Georgia law providing "that any person who shall, without provocation, use to or of another, and in his presence...opprobrious words or abusive language, tending to cause a breach of the peace...shall be guilty of a misdemeanor."

The GA Supreme Court affirmed the conviction--rejecting Wilson's argument that the law was vague and overbroad. Afterward, Wilson filed a habeas corpus motion in federal court seeking to have the law declared vague and overbroad. The U.S. District Court set aside the conviction, and the Fifth Circuit Court affirmed. The State of Georgia appealed to the U.S. Supreme Court.

Substantive Issue:
Do all words that society finds offensive constitute "fighting words" within the meaning of Chaplinsky?

Court Ruling: Affirmed (5-2 [Powell and Rehnquist d/n participate])
Justice Brennan wrote for the majority.

• Phrases (like opprobrious words and abusive language) must be narrowly defined and narrowly applied by trial courts so as not to suppress protected speech.
• All words that society finds offensive do not fall under Chaplinsky's "fighting words" doctrine; "fighting words" are limited to language that has "a direct tendency to cause acts of violence by the person to whom, individually, the remark is addressed."

Because the state of Georgia had not interpreted the statute narrowly in all past cases, the law, as construed by the state of Georgia, was unconstitutional.

Significance of the case:

• When combined with the ruling in Cohen, the Court makes it clear that cursing and vulgar language that might be offensive to most of society is constitutionally protected.