Gooding v. Wilson
Supreme Court of the United States
Gooding, Warden v. Wilson
Appeal from the United States Court of Appeals for the Fifth Circuit
No. 70-26. Argued: December 8, 1971 --- Decided: March 23, 1972
Georgia statute providing that "[a]ny person who shall, without provocation, use to or of another, and in his presence... opprobrious words or abusive language, tending to cause a breach of the peace... shall be guilty of a misdemeanor," which has not been narrowed by the Georgia courts to apply only to "fighting" words "which by their very utterance... tend to incite an immediate breach of the peace," Chaplinsky v. New Hampshire, 315 U.S. 568, 572, is on its face unconstitutionally vague and overbroad under the First and Fourteenth Amendments. Pp. 520-528.
431 F. 2d 855, affirmed.
BRENNAN, J., delivered the opinion of the Court, in which DOUGLAS, STEWART, WHITE, and MARSHALL, JJ., joined. BURGER, C.J., filed a dissenting opinion, post, p. 528. BLACKMUN, J., filed a dissenting opinion, in which BURGER, C.J., joined, post, p. 534. POWELL and REHNQUIST, JJ., took no part in the consideration or decision of the case.
Courtney Wilder Stanton, Assistant Attorney General of Georgia, argued the cause for appellant. With him on the brief were Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Dorothy T. Beasley, Assistant Attorney General, and Franklin Pierce.
Elizabeth R. Rindskopf argued the cause for appellee. On the brief were Howard Moore, Jr., and Peter E. Rindskopf.