What is the current state of the law on First Amendment protection for someone who uses language which tends to incite violence or disturbance of the peace by others?

California, United States of America


The following excerpt is from People v. Cohen, 1 Cal.App.3d 94, 81 Cal.Rptr. 503 (Cal. App. 1969):

The First Amendment does not afford any protection to one who uses language which tends to incite violence or a disturbance of the peace by others. 'There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or 'fighting' words--those which by their very utterance inflict injury or tend to incite to an immediate breach of the peace. It has been well observed that such utterances are no essential part of any such exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality. 'Resort to epithets or personal abuse is not in any proper sense communication of information or opinion safeguarded by the Constitution and its punishment as a criminal act would raise no question under that instrument.' Cantwell v. State of Connecticut, 310 U.S. 296, 309, 310, 60 S.Ct. 900, 906, 84 L.Ed. 1213, 128 A.L.R. 1352.' (Beauharnais v. Illinois, 343 U.S. 250, 255, 72 S.Ct. 725, 730, 96 L.Ed. 919; Chaplinsky v. New Hampshire, 315 U.S. 568, 571--572, 62 S.Ct. 766, 86 L.Ed. 1031.)

Other Questions


What is the current state's position on whether the First Amendment applies to the states through the Fourteenth Amendment due process clause? (California, United States of America)
What is the test for First Amendment protection in the context of First Amendment freedom of speech? (California, United States of America)
Does the term "First Amendment" refer to both the United States Constitution and the California First Amendment? (California, United States of America)
What are the implications of the First Amendment for First Amendment rights of a plaintiff? (California, United States of America)
Does the Court of Appeal have any authority or authority to sustain a First Amendment right to exercise First Amendment Freedoms? (California, United States of America)
What is the current state of the US Supreme Court opinion on First Amendment freedom of speech? (California, United States of America)
Can an appellant argue for the first time on appeal that, if a judgment on the pleadings is sustained without leave to amend, the complaint can be amended to state a valid cause of action? (California, United States of America)
What is the current state of the law on the duty of a premises owner to protect patrons from violence? (California, United States of America)
What is the current state of the law on "cruel and unusual punishments" under the Eighth Amendment of the United States? (California, United States of America)
What is the current state of the law on privacy protection in the digital age? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.