Chaplinsky v. New Hampshire 1942

• Author: Daniel Brannen, Richard Hanes, Elizabeth Shaw
• Pages: 170-173

Contenidos

• A ruckus about "rackets".
• Fighting words.
• Suggestions for further reading.

Page 170

Appellant: Walter Chaplinsky

Appellee: State of New Hampshire

Appellant's Claim: That a state law making it a crime to call people offensive names in public violated the right to freedom of speech.

Chief Lawyer for Appellant: Hayden C. Covington

Chief Lawyer for Appellee: Frank R. Kenison

Justices for the Court: Hugo Lafayette Black, James Francis Byrnes, William O. Douglas, Felix Frankfurter, Robert H. Jackson, Frank Murphy (writing for the Court), Stanley Forman Reed, Owen Josephus Roberts, Harlan Fiske Stone

Justices Dissenting: None

Date of Decision: March 9, 1942

Decision: The law did not violate the freedom of speech because it prohibited the use only of words that tend to provoke violence or a breach of the peace.

Significance: The decision created categories of speech, including "fighting words," that are not protected by the guarantee of freedom of speech.

Page 171

Associate Justice Frank Murphy. Courtesy of the Library of Congress.

A ruckus about "rackets"

Walter Chaplinsky was a Jehovah's Witness who was distributing religious material in the streets of Rochester, New Hampshire, on a busy Saturday afternoon. Jehovah's Witnesses is a sect of Christianity that believes other organized religions are evil. Chaplinsky's activity drew a crowd. Some citizens complained to the city marshal, Bowering, that Chaplinsky was likening all religion to a "racket." (A racket is a dishonest or illegal organization that takes people's money.)

Bowering told the citizens that Chaplinsky was not breaking the law, but he also warned Chaplinsky that the crowd was getting restless. A short time later, Bowering was informed that a riot was in progress. On his way to check out the situation, Bowering ran into Chaplinsky, who was being taken to the police station by a police officer. Bowering told Chaplinsky that he had warned him earlier not to start a riot. Chaplinsky responded by calling Bowering a "damned racketeer" and a "damned Fascist." (A racketeer is somebody who runs a racket. A fascist is an oppressive dictator.)

New Hampshire charged Chaplinsky with violating a state law that made it a crime to call someone an "offensive" name in public. The jury convicted Chaplinsky, and the Supreme Court of New Hampshire affirmed, or approved, the conviction. Chaplinsky appealed to the U.S. Supreme Court. He argued that convicting him of a crime for...