Why did Cohen v. California protect the use of vulgar words?
In Cohen v. California (1971), the Supreme Court clarified that the use of vulgar wordsâdistinct from legal definitions of obscenityâis protected under the First Amendment.
The ruling established that the government cannot punish speech simply because it contains offensive or vulgar language. While the law allows for restrictions on narrow categories of speech such as incitement, defamation, or fighting wordsâwhich are insults likely to provoke an immediate physical fightâthe mere use of vulgarity does not meet these criteria. By protecting such expression, the Court affirmed that the government may not suppress speech based on its content or its potential to offend, ensuring that individuals remain free to express opinions even when they use language that others may find distasteful or morally wrong.1