Cox v. Louisiana - Breach Of Peace

The term "breach of peace" originated in England when kings reigned supreme. The king had a right to peace in his country and anyone disturbing the king's peace was arrested. Breach of peace law originated in common-law but in many states is governed by statute, a law passed by a legislative body. A similar term, "disorderly conduct," is strictly statutory law. Both terms refer to an intentional disruption of public peace, order, or safety of a community. Wide ranging examples include loud noises in a neighborhood, repugnant language in a public place, resisting arrest, destruction of property, and exhorting a crowd to gather. The behavior must clearly lead to disturbance or violence.

Statutes commonly specify which conduct is considered offensive so the public will know what exactly is prohibited. On the other hand, some statutes are so all-encompassing that vagueness becomes a problem, such as those restricting boisterous conduct. Generally, the penalty for breach of peace is either a fine or imprisonment, or both.

In the twentieth century, arrests for breach of peace were frequently associated with the civil rights demonstrations of the 1960s. The Court found statutes in South Carolina and Louisiana unconstitutional on grounds of vagueness or lacking a disruption requirement.