By: Miguel Suarez

Information  1 st Amendment – Speech, press, and Assemble  Is it illegal to express your feelings in public?  Walter Chaplinsky was arrested for shouting “You are a God-damned racketeer” and “a damned fascist” to a town marshal.  Appellant: Walter Chaplinsky  Appellee: New Hampshire

Argument  Walter Chaplisnky: He argued that his first amendment rights were violated by the New Hampshire law ( it is illegal for anyone to address another person with any offensive, derisive or annoying word to anyone who is lawfully in any street or public place…or to call him by an offensive or derisive name) because its freedom of speech to speak what you think.  New Hampshire: argued that offensive words could be dangerous because it could lead to fights or worse.

The Supreme Court  In a unanimous decision, the supreme court, upheld the arrest.  Freedom of speech is well defined and hardly limited. Some categories fall outside the bounds of constitutional protection. Therefore, insulting words neither contributed to the expression of ideas nor possessed any “social value” while Walter was talking with the town marshal.  So insulting or “fighting” words are beyond the protection of the 1 st amendment.

Significance  The case made it known that the First Amendment is not violating by crafting controls over certain categories of speech (Pornography or commercial advertising).  The decision created categories of speech, including “fighting words” that are not protected by the guarantee of freedom of speech.