Cohen v. California (1971)

Facts: In 1968, Paul Robert Cohen was arrested in the corridor of a Los Angeles County Courthouse for wearing a jacket bearing the words, "Fuck the Draft" to express his deep feelings of opposition to the Vietnam War. Even though his behavior caused no disturbance of any kind, Cohen was convicted of violating a California law that prohibited "willfully disturbing the peace by offensive conduct." He was sentenced to 30 days in jail. The appellate court affirmed, and California Supreme Court declined to review the case.

Substantive Issue: Are shocking words punishable as "offensive conduct," even though the language is not obscene and did not cause a breach of the peace?

USSC Ruling: Conviction reversed 5-4

Reasoning: Majority opinion by Justice Harlan

• Cohen's behavior constitutes speech.
• Vulgarity does not equal obscenity.
• Cohen's language was not directed at an individual.
•  Words have emotional as well as cognitive force.
• Government shouldn't suppress particular words.

Dissent: Justice Blackmun (joined by Burger and Black)

• Cohen's antics were mainly conduct and little speech.