Chaplinsky v. New Hampshire

Chaplinsky introduced a two-tiered approach to free speech, in which so-called "fighting words" and certain other categories of speech are placed outside the protection of the First Amendment.

Walter Chaplinsky, a Jehovah's Witness, had attracted a large and unruly crowd as he distributed religious tracts in the streets of Rochester, New Hampshire. Warned by a city marshall that the crowd was becoming riotous, Chaplinsky hurled insults at the officer, calling him a "racketeer" and a "Fascist." Chaplinsky was convicted in municipal court of having violated a state ordinance against the use of abusive language in public. His conviction was affirmed by the New Hampshire Supreme Court, and he appealed to the U.S. Supreme Court.