
In case Cohen V. California a 19-year-old department store worker showed his distaste to the Vietnam War. He demonstrated his anger by showing up to work in an embroidered jacket that stated, "FUCK THE DRAFT. STOP THE WAR". Paul Cohen (the 19year-old), was charged under a California statute that prohibits "maliciously and willfully disturb[ing] the peace and quiet of any neighborhood or person [by] offensive conduct.". The question is did California's statute, prohibiting the use of offensive messages like "Fuck the Draft" violate First Amendment?

Later, Cohen was found guilty and sentenced to 30 days in jail. Some may say, "that isn't that long, so why does it matter?" The significance, in this case, is in the underlying message of does this really violate the First Amendment? The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This could be considered a petition to the Government for a redress of grievances. He was expressing his distaste for the Vietnam war by petitioning to the Government. If the reason why he was arrested is because of the words "FUCK" then that automatically falls under freedom of speech. You are allowed to swear, so why was he put in jail for that? In fact, you will see many people with signs petitioning with bad words on them, because that is considered freedom of speech, so why did it only apply to Cohen? Perhaps it was because he was alone, though there is no law stating that you will only be punished for swearing while petitioning while you are alone. This case has many pitfalls, though, in my opinion, I think it was not constitutional to arrest Cohen because he was protected under the First Amendment.
Sources:
https://www.oyez.org/cases/1970/299
https://www.law.cornell.edu/supremecourt/text/403/15
https://en.wikipedia.org/wiki/Cohen_v._California
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.