Cox v. Louisiana

The Court unanimously ruled to set aside the convictions on the breach of the peace charge. Goldberg discussed five points in this reversal.

1. In considering the testimony of sheriff's officers, apparently the one objectionable part of the entire protest program came at the conclusion of Cox's speech when he urged students to go uptown and sit at lunch counters. The Court reasoned that this part of Cox's speech did not deprive the demonstration of its constitutional protection as free speech and assembly.

2. Although the students cheered, clapped, and sang loudly, they were well behaved throughout. The record does not support Louisiana's contention that the students' actions converted a peaceful assembly to a riotous one.

3. Louisiana argued that "violence was about to erupt." This threat of violence seemed to be based on the "mutterings" of the white group of citizens. However, Goldberg found no indication that any member of the white group threatened violence.

4. The Court found no evidence of the use of "fighting words."

5. In considering the Louisiana breach of peace statute, the Louisiana Supreme Court defined breach of peace as "to agitate, to arouse from a state of repose, to molest, to interrupt, to hinder, to disquiet." This definition allows persons to be prohibited from merely expressing unpopular views. Yet, the purpose of free speech in government is to be "provocative and challenging," inducing unrest, dissatisfaction, and even anger. Goldberg struck down the state law on the grounds that it was too broad within its scope of constitutionally protected speech and assembly.