david cohen, the attorney who argued the case before the supreme court on behalf of the mom

Who filed a dissenting opinion in Cohen v California?

BLACKMUN, J., filed a dissenting opinion, in which BURGER, C.J., and BLACK, J., joined, and in which WHITE, J., joined in part, post, p. 403 U. S. 27. Cohen v. California, 403 U.S. 15 (1971)

What was the significance of Cohen v California?

Cohen v. California (1971) Young people were protesting against the draft and the Vietnam War in the late 1960s and into the 1970s. It was in this environment that Paul Robert Cohen wore a jacket bearing the words "Fuck the Draft" into a Los Angeles courthouse and was charged with violating the state's breach-of-the-peace law.

Was Michael Cohen in contempt of court?

Meanwhile, a policeman sent the presiding judge a note suggesting that Cohen be held in contempt of court. The judge declined to do so, and Cohen was arrested by the officer only after he emerged from the courtroom. App. 119. In fact, other portions of the same statute do make some such distinctions.

Who was the judge who delivered the opinion of the court?

HARLAN, J., delivered the opinion of the Court, in which DOUGLAS, BRENNAN, STEWART, and MARSHALL, JJ., joined. BLACKMUN, J., filed a dissenting opinion, in which BURGER, C.J., and BLACK, J., joined, and in which WHITE, J., joined in part, post, p. 403 U. S. 27.

Why is Cohen's profanity not considered obscenity?

He reasoned that Cohen’s display of profanity could not be classified as obscenity, because it was not “erotic.”. He also determined that the language could not be considered fighting words — another unprotected form of expression — because it was not directed at a particular recipient.

What is the Supreme Court ruling in California?

California, 403 U.S. 15 (1971), the Supreme Court established that the government generally cannot criminalize the display of profane words in public places.

Which amendment protects profanity on jackets?

Justice Harlan reasons profanity on jacket was protected by First Amendment. In the opinion for the Court, Justice John Marshall Harlan II began by observing that the “case may seem at first blush too inconsequential to find its way into our books, but the issue it presents is of no small constitutional significance.”.

What did young people protest against?

Young people were protesting against the draft and the Vietnam War in the late 1960s and into the 1970s. It was in this environment that Paul Robert Cohen wore a jacket bearing the words "Fuck the Draft" into a Los Angeles courthouse and was charged with violating the state's breach-of-the-peace law. The Supreme Court reversed his conviction. (In this October 1967 AP photo, more than 5,000 anti-draft demonstrators jam a plaza at University of California at Berkeley, listening to speeches and watching draft card burnings. Reprinted with permission from The Associated Press.)

What did Harlan argue about the First Amendment?

He argued that the slogan on the shirt should be evaluated as speech rather than expressive conduct, thus triggering a higher standard of review.

Which amendments are needed to prevent public utterance of unseemly expletive?

Louisiana, 379 U. S. 536, 379 U. S. 550 -551 (1965). Admittedly, it is not so obvious that the First and Fourteenth Amendments must be taken to disable the States from punishing public utterance of this unseemly expletive in order to maintain what they regard as a suitable level of discourse within the body politic.