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Additionally, we cannot overlook the fact, because it [p26] is well illustrated by the episode involved here, that much linguistic expression serves a dual communicative function: it conveys not only ideas capable of relatively precise, detached explication, but otherwise inexpressible emotions as well. Finally, and in the same vein, we cannot indulge the facile assumption that one can forbid particular words without also running a substantial risk of suppressing ideas in the process.

The California Supreme Court declined review by a divided vote. That contention has been rejected by the highest California state court in which review could be had. Thus, we deal here with a conviction resting solely upon "speech," 283 U. It is whether California can excise, as "offensive conduct," one particular scurrilous epithet from the public discourse, either upon the theory of the court below that its use is inherently likely to cause violent reaction or upon a more general assertion that the States, acting as guardians of public morality, [p23] may properly remove this offensive word from the public vocabulary. There may be some persons about with such lawless and violent proclivities, but that is an insufficient base upon which to erect, consistently with constitutional values, a governmental power to force persons who wish to ventilate their dissident views into avoiding particular forms of expression. Equally important to our conclusion is the constitutional backdrop against which our decision must be made. To many, the immediate consequence of this freedom may often appear to be only verbal tumult, discord, and [p25] even offensive utterance. Against this perception of the constitutional policies involved, we discern certain more particularized considerations that peculiarly call for reversal of this conviction.

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Syllabus Appellant was convicted of violating that part of Cal. [p16] Appellant Paul Robert Cohen was convicted in the Los Angeles Municipal Court of violating that part of California Penal Code § 415 which prohibits "maliciously and willfully disturb[ing] the peace or quiet of any neighborhood or person . Because that is the only arguably sustainable rationale for the conviction here at issue, the judgment below must be [p27] The statute provides in full: Every person who maliciously and willfully disturbs the peace or quiet of any neighborhood or person, by loud or unusual noise, or by tumultuous or offensive conduct, or threatening, traducing, quarreling, challenging to fight, or fighting, or who, on the public streets of any unincorporated town, or upon the public highways in such unincorporated town, run any horse race, either for a wager or for amusement, or fire any gun or pistol in such unincorporated town, or use any vulgar, profane, or indecent language within the presence or hearing of women or children, in a loud and boisterous manner, is guilty of a misdemeanor, and upon conviction by any Court of competent jurisdiction shall be punished by fine not exceeding two hundred dollars, or by imprisonment in the County Jail for not more than ninety days, or by both fine and imprisonment, or either, at the discretion of the Court. be guilty of disturbing the peace through "offensive" conduct [within the meaning of § 415] if, by his actions, he willfully and maliciously incites others to violence or engages in conduct likely to incite others to violence.

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