Cohen v. California: Difference between revisions
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(Created page with "{{Infobox Case Brief |court=Supreme Court of the United States |date=June 7, 1971 |subject=First Amendment |appealed_from=California Court of Appeals |case_treatment=No |facts...") |
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|subject=First Amendment | |subject=First Amendment | ||
|appealed_from=California Court of Appeals | |appealed_from=California Court of Appeals | ||
|facts=In 1968, Cohen was seen in a Los Angeles courthouse wearing a jacket with the words "Fuck the draft." | |facts=In 1968, Cohen was seen in a Los Angeles courthouse wearing a jacket with the words "Fuck the draft." | ||
|procedural_history=Cohen was arrested for disturbing the peace. Cohen was sentence to 30 days in prison. | |procedural_history=Cohen was arrested for disturbing the peace. Cohen was sentence to 30 days in prison. | ||
The California Supreme Court declined to hear Cohen's case. | The California Supreme Court declined to hear Cohen's case. | ||
|holding=Cohen's conviction was [[Constitution of the United States|unconstitutional]]. | |||
|reasons=In the opinion of John Harlan II, the words of Cohen didn't constitute (1) obscenity or (2) fighting words. | |||
|comments=*[[Constitutional_Law_Maggs/4th_ed._Outline_II#Fighting_Words:_Cohen_v._California_.281971.29]] | |comments=*[[Constitutional_Law_Maggs/4th_ed._Outline_II#Fighting_Words:_Cohen_v._California_.281971.29]] | ||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/cohen-v-california | |link=https://www.quimbee.com/cases/cohen-v-california | ||
|case_text_source=Quimbee | |source_type=Video summary | ||
|case_text_source=Quimbee | |||
}} | }} | ||
}} | }} | ||
Latest revision as of 03:39, July 14, 2023
| Cohen v. California | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | |
| Date decided | June 7, 1971 |
| Appealed from | California Court of Appeals |
Facts
In 1968, Cohen was seen in a Los Angeles courthouse wearing a jacket with the words "Fuck the draft."
Procedural History
Cohen was arrested for disturbing the peace. Cohen was sentence to 30 days in prison.
The California Supreme Court declined to hear Cohen's case.Holding
Cohen's conviction was unconstitutional.
Reasons
In the opinion of John Harlan II, the words of Cohen didn't constitute (1) obscenity or (2) fighting words.
