Chaplinsky v. New Hampshire
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| Chaplinsky v. New Hampshire | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | |
| Date decided | March 9, 1942 |
| Appealed from | New Hampshire Supreme Court |
Facts
Chaplinsky, a Jehovah’s Witness, distributes religious literature in a public street. He also criticizes the beliefs of others who weren't Jehovah's Witnesses.
A crowd became hostile to Chaplinsky. Police direct Chaplinsky to leave the scene.
Chaplinsky insults City Marshal (police) in Bowering, New Hampshire.Procedural History
Chaplinsky loses at every trial in New Hampshire including at the New Hampshire Supreme Court.
Holding
Chaplinsky's offensive language constituted "fighting words"; fighting words aren't protected by the First Amendment.
Rule
SCOTUS defines "fighting words" as words that provoke a violent reaction from listeners.
Comments
Future US court opinions haven't been uniformly consistent with this 1942 SCOTUS decision.
Case Text Links
