The Supreme Court upheld a man’s conviction for derisive speech of name calling in public, reasoning that “fighting words” were not subject to First Amendment protection.
Writing for a unanimous Supreme Court, Justice Frank Murphy
Although Chaplinsky was never overturned and the two-tier theory remains valid regarding business advertising, public swearing, and pornography, the thrust of this decision was considerably narrowed. Libelous publications are judged by the standards set in New York Times Co. v. Sullivan
Brandenburg v. Ohio
Cohen v. California
First Amendment speech tests
O’Brien, United States v.
Tinker v. Des Moines Independent Community School District
Whitney v. California