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Chaplinsky v. State of New Hampshire

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Case Basics
Docket No.: 
255
Petitioner: 
Chaplinsky
Respondent: 
State of New Hampshire
Decided By: 
Stone Court (1941-1942)
Opinion: 
315 U.S. 568 (1942)
Argued: 
Thursday, February 5, 1942
Decided: 
Monday, March 9, 1942
Categories: 
fighting words, freedom of speech, criminal, first amendment
Location No location information present.

Cite this page
The Oyez Project, Chaplinsky v. State of New Hampshire , 315 U.S. 568 (1942)
available at: (http://oyez.org/cases/1940-1949/1941/1941_255)
(last visited Sunday, January 24, 2010).
Facts of the Case: 

Chaplinsky, a Jehovah's Witness, called a city marshal a "God-damned racketeer" and "a damned fascist" in a public place. He was arrested and convicted under a state law for violating a breach of the peace.

Question: 

Does the application of the statute violate Chaplinsky's freedom of speech protected by the First Amendment?

Conclusion: 

No. Some forms of expression--among them obscenity and fighting words--do not convey ideas and thus are not subject to First Amendment protection. In this case, Chaplinsky uttered fighting words, i.e., words that "inflict injury or tend to incite an immediate breach of the peace."

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