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Chaplinskys version of the facts was quite similar, except for the following: that he asked
Bowering to arrest those responsible, Bowering then cursed him and told him to go with
Bowering, and that Chaplinsky said all those things except the word God.
Chaplinsky was arrested and charged with violating a state statute, which states:
No person shall address any offensive, derisive or annoying word to any other
person who is lawfully in any street or other public place, nor call him by any
offensive or derisive name, nor make any noise or exclamation in his presence
and hearing with intent to deride, offend or annoy him, or to prevent him from
pursuing his lawful business or occupation. (Chapter 378, Section 2, of the Public
Laws of New Hampshire)
The Decision:
Justice Murphy wrote the majority opinion for the court, which was supported 9-0 (there were no
concurring opinions written). The court held that the state statute restricting speech was specific
enough that it complied with the requirements of due process and did not unreasonably impinge
on Chaplinskys First Amendment rights to free speech. Therefore it did not violate the
Fourteenth Amendment.
The state statue was not deemed too restrictive because it explains that only words with a
tendency to incite violence are not protected. The test of this is whether the average person
would consider these words likely to cause a fight. For this reason, this case is popularly known
for establishing the fighting words precedent.
Worthless Speech
Expression that has little, if any, social value as a step to truth
1. The lewd, obscene, and profane
2. Slander and libel
3. Insulting or "fighting" words
a. offensive language, even if it does not provoke a fight (later discarded by the Court in
Cohen)
b. fight-provoking language that tends to incite violence (retained by the Court)
"The test is what ... [persons] of common intelligence would understand would be words and
expressions which by general consent are 'fighting words' when said without a disarming smile. .
. . Such words, as ordinary ... [persons] know, are likely to cause a fight." (Murphy at p. 573)