Chaplinsky v. New Hampshire Case Brief Summary | Law Case Explained

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Chaplinsky v. New Hampshire | 315 U.S. 568 (1942)
Sticks and stones will break my bones, but words will never hurt me. Is this childhood expression entirely true? Can words ever be so harmful or provocative that they can be criminally punished, without any corresponding unlawful conduct? The United States Supreme Court addressed this issue in Chaplinsky versus New Hampshire.
In 1940, Walter Chaplinsky, a Jehovah’s Witness, distributed literature to passersby on a public street and was openly critical of most religions. A crowd assembled around him, which caused the town’s marshal to approach Chaplinsky. The marshal had instructed Chaplinsky to leave the town earlier that day. When the marshal came back a second time, Chaplinsky yelled out that the marshal was, quote, “a God-damned racketeer [and] a damned fascist,” unquote.
Based on his statement to the marshal, Chaplinsky was charged in municipal court with violating a New Hampshire statute prohibiting, quote, “any offensive, derisive or annoying word to any other person who is lawfully in any street or other public place,” unquote. Chaplinsky was convicted at a bench trial. He then had a trial de novo, with a jury, in superior court. He was again convicted.
Chaplinsky appealed to the New Hampshire Supreme Court, contending that this conviction violated the First Amendment’s guarantee of free speech. The state supreme court affirmed his conviction.
Chaplinsky appealed to the United States Supreme Court.
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[@Eric-e7b1k]

Well why not finish the Supreme Court case in this video? He win? Lose?

[@aquismckie3359]

Bs

[@LAWYER_DOG]

FR!

[@vicentemorua4517]

One of the seminal cases I teach in my Con Law course.