Unformatted text preview: Yes. In an opinion by Justice John Marshall Harlan, the Court reasoned that the expletive, while provocative, was not directed toward anyone; besides, there was no evidence that people in substantial numbers would be provoked into some kind of physical action by the words on his jacket. Harlan recognized that "one man's vulgarity is another's lyric." In doing so, the Court protected two elements of speech: the emotive (the expression of emotion) and the cognitive (the expression of ideas). Decisions Decision: 5 votes for Cohen, 4 vote(s) against Legal provision: Amendment 1: Speech, Press, and Assembly...
View Full Document
- Spring '10
- First Amendment to the United States Constitution, John Marshall Harlan, Cohen v. California, Paul Cohen, 19-year-old department store