Cohen v California (1971)

Facts:

In April of 1968, Paul Robert Cohen was arrested in a corridor of the Los Angeles County Municipal Courthouse for wearing a jacket with the phrase, “Fuck the Draft,” on it. Because there were women and children present and the phrase was within plain sight of everyone there, Cohen was charged with being in violation of California Penal Code statute 415, which prohibits “maliciously and willfully disturb[ing] the peace or quiet of any neighborhood or person . . . by . . . offensive conduct . . . .” Cohen was convicted and was sentenced to 30 days in jail.

 Legal Issue:

The issue to be decided here is whether or not California Penal Code statute 415 infringed on Cohen’s First and Fourteenth Amendment rights to freedom of expression.

 Decision:

The U.S. Supreme Court overturned Cohen’s original conviction saying, “At least so long as there is no showing of an intent to incite disobedience to or disruption of the draft, Cohen could not, consistently with the First and Fourteenth Amendments, be punished for asserting the evident position on the inutility or immorality of the draft his jacket reflected.”

Analysis:

The court said that in this case the words on Cohen’s jacket did not fall into any of the categories of unprotected speech. They were not fighting words, obscene words or hate speech. Furthermore the court said that after seeing Cohen’s jacket, no reasonable person would be moved to violence by these words and anyone present who saw the words on his jacket could choose to look elsewhere.

Questions:

  1. If the phrase on Cohen’s jacket was not considered obscene, is there any phrase that would be considered obscene?
  2. How does this case affect what is considered appropriate to wear in public?
  3. How does this case compare to Chaplinsky v New Hampshire?