Lewis v. New Orleans, 415 U.S. 130 (1974)

Back in the 1970s, Louisiana had a statute making it “unlawful and a breach of the peace for any person wantonly to curse or revile or to use obscene or opprobrious language toward or with reference to any member of the city police while in the actual performance of his duty.” After much procedural harangue that included affirmation by the Louisiana Supreme Court, the United States Supreme Court held that such statute “is not susceptible of application to speech, although vulgar or offensive, that is protected by the First and Fourteenth Amendments. Cohen v. California, 403 U.S. 15, 18-22 (1971); Terminiello v. Chicago, 337 U.S. 1, 4-5 (1949); Gooding v. Wilson, supra, at 520. Since [the law], as construed by the Louisiana Supreme Court, is susceptible of application to protected speech, the section is constitutionally overbroad and therefore is facially invalid.” Read the full opinion on Google Scholar.

Leave a Comment, Reaction, Reply, or Thought