9 März 1942 Jahr - Chaplinsky v. New Hampshire

Beschreibung:

Rochester, Walter Chaplinsky was distributing pamphlets that supported his beliefs as a Jehovah's Witness and attacked other religions. He insulted and cursed the town marshal and was arrested and convicted under a state law that made offensive, derisive, or annoying speech in a public place illegal. Chaplinsky argued that the law was too vague and it violated his First Amendment rights. The court unanimously upheld Chaplinsky's conviction, stating the the First Amendment does not protect obscenities, slanderous speech, and "fighting words." They decided Chaplinsky's words were "fighting words" because they caused harm to the target and disturbed the peace.

Though America has both freedom of speech and freedom of religion, Chaplinsky's insults and cursing did not fall under the First Amendment's protection. America had just joined in World War II and though Chaplinsky's tirade wasn't about the war, this still shows the worry about free speech in a war time. His "fighting words" could have not quite been considered such if there wasn't the tension of the war.

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