This section contains the nature of the case and procedural background.

Cohen (D) wore a jacket which read 'Fuck the Draft' in a courthouse in Los Angeles. D had taken the jacket off and was standing in the judge’s court with it folded over his arm. An officer informed the judge, but the judge refused to cite D for contempt. When D left the courtroom, he was arrested by the officer. D was convicted for violating a state statute prohibiting disturbing the peace by offensive conduct. The state courts held that his conduct was offensive and found him guilty. D was given 30 days in jail under a law that prohibited maliciously and willfully disturbing the peace or quiet of any neighborhood or person by offensive conduct. When D was arrested, there were women and children present. D claimed he wore the jacket to protest the Vietnam War and to let everyone know his deep anti-war sentiments. D never threatened anyone nor did he engage in violence or even call attention to himself. D appealed. The Court of Appeal held that 'offensive conduct' means 'behavior which has a tendency to provoke others to acts of violence or to in turn disturb the peace,' and that the State had proved this element because, on the facts of this case, it was certainly reasonably foreseeable that such conduct might cause others to rise up to commit a violent act against the person of the defendant or attempt to forcibly remove his jacket. The California Supreme Court declined review. The Supreme Court granted certiorari.

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