Chaplinsky v. New Hampshire Flashcards
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Questions and Answers

Who was the defendant in this case?

Walter Chaplinsky

What was the topic of the case?

Fighting Words

What are the facts of the case?

Walter Chaplinsky was a Jehovah's Witness distributing literature and verbally attacking other religions. After being warned by the town marshal, he called the marshal offensive names, leading to his arrest and conviction.

What was the decision of the case?

<p>A unanimous decision upheld Chaplinsky's conviction.</p> Signup and view all the answers

What was the reasoning of the court?

<p>The Court defined fighting words as those likely to inflict injury or disturb the peace. They ruled personal abuse and fighting words are not constitutionally protected.</p> Signup and view all the answers

Study Notes

Case Overview

  • Walter Chaplinsky was the defendant in the case.
  • The case centered on the concept of "fighting words."

Facts of the Case

  • Chaplinsky, a Jehovah's Witness, distributed literature and verbally criticized other religions on a public street in Rochester.
  • Complaints were made to the town marshal, Bowering, about Chaplinsky's remarks, which included calling religions "rackets."
  • The marshal warned Chaplinsky about the growing unrest in the crowd and urged him to cease his actions.
  • In response, Chaplinsky insulted the marshal by calling him a "damned fascist" and a "damned racketeer."
  • He was subsequently arrested and convicted under New Hampshire's law prohibiting "offensive, derisive or annoying" words towards individuals in public.
  • Chaplinsky contended that the law was overly vague and thus unconstitutional.

Decision of the Case

  • The court reached a unanimous decision.
  • Chaplinsky's conviction was upheld, with the court ruling that his First Amendment rights were not infringed upon due to certain limitations on speech.
  • The ruling clarified that the First Amendment does not protect "lewd, profane, obscene, libelous or insulting" language.

Reasoning of the Court

  • The court defined "fighting words" as those that could inflict injury or incite a disturbance of peace, asserting that the harm of such words supersedes social interests and morality.
  • It was determined that "personal abuse" and "fighting words" are not shielded by the Constitution.
  • Chaplinsky's speech was classified as "fighting words," leading to direct harm and potential disruption of peace.
  • The state possesses the authority to restrict this type of speech in the interest of public peace and order.

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Test your knowledge on the landmark Supreme Court case Chaplinsky v. New Hampshire. This quiz covers key details such as the defendant, the main topic of the case, and important facts surrounding the incident. Ideal for law students and enthusiasts alike.

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