Chaplinsky v. New Hampshire

PETITIONER: Walter Chaplinsky
RESPONDENT: New Hampshire
LOCATION: East side of Wakefield Street

DOCKET NO.: 255
DECIDED BY: Stone Court (1941-1942)
LOWER COURT: New Hampshire Supreme Court

ARGUED: Feb 05, 1942
DECIDED: Mar 09, 1942

ADVOCATES:
Frank R. Kenison - for the appellee
Hayden C. Covington - for the appellant

Facts of the case

Chaplinsky, a Jehovah's Witness, called a city marshal a "God-damned racketeer" and "a damned fascist" in a public place. He was arrested and convicted under a state law for violating a breach of the peace.

Question

Does the application of the statute violate Chaplinsky's freedom of speech protected by the First Amendment?