Cohen v. California
Cohen v. California is a significant Supreme Court case that addressed the boundaries of symbolic speech under the First Amendment. The case arose when a defendant, Paul Cohen, entered a Los Angeles courthouse wearing a jacket with the phrase "Fuck the draft," which led to his arrest for violating a California law against offensive conduct. In a narrow 5-4 decision, the Supreme Court overturned Cohen's conviction, emphasizing that provocative speech, even if deemed offensive, is protected under the First Amendment. Justice Harlan, who authored the majority opinion, underscored the importance of allowing individuals to express dissenting views, particularly in the context of political protest.
This ruling expanded the scope of what constitutes protected speech while also establishing that there are still limits to such protections. For instance, the Court previously upheld convictions in cases involving the destruction of draft cards and other actions that violated valid laws. Subsequent rulings, such as Tinker v. Des Moines and Texas v. Johnson, further clarified the boundaries of symbolic speech, reinforcing the principle that individuals have the right to express their political opinions through various forms of protest. Overall, Cohen v. California remains a critical reference point in discussions about free speech rights in the United States.
Cohen v. California
Date: June 7, 1971
Citation: 403 U.S. 15
Issue: Symbolic speech
Significance: The Supreme Court overturned the conviction of a man for wearing a jacket emblazoned with a profanity in a courthouse, thereby establishing the concept of symbolic speech and limiting the concept of fighting words.
By a 5-4 vote, the Court overturned the conviction of a defendant who wore a jacket with the words “Fuck the draft” emblazoned across its front into a Los Angeles courthouse, where profanity was prohibited. Justice John M. Harlan II, a generally conservative justice, wrote the opinion for the 5-4 majority, which held that symbolic speech, even if provocative in nature, was protected by the First Amendment.
Although the Court substantially broadened the range of provocative speech under First Amendment protection, it left limits. For example, when young men protested the Vietnam War by burning their draft cards, the Court upheld their conviction in United States v. O’Brien (1968). In that case, the protection extended to symbolic speech was judged not to extend to violations of otherwise valid laws. In Tinker v. Des Moines Independent Community School District (1969), the Court ruled that schools cannot stop students from protesting by wearing black arm bands. In Texas v. Johnson (1989), the Court voided a Texas law that banned the burning of the U.S. flag, finding the act to be protected symbolic speech because it was a form of political protest.