Cohen, Freedom of Expression, misconduct and the SCJ
On April 26, 1968, Paul Robert Cohen was observed in a corridor of a Los Angeles courthouse wearing a jacket bearing the words “F... the Draft”. He was sentenced at first instance to 30 days in prison, a sentence upheld by an appellate court, for "maliciously and willfully disturbing the peace [...] by offensive conduct". The incident took place about one month after President Lyndon Johnson's decision to double the US military presence in Vietnam to 500,000, which, according to military advice would enable US to defeat the Viet Cong, North Vietnam's guerilla. In the end, Cohen won his case on appeal to the Supreme Court, Cohen v. California, 403 U.S. 15 (1971). The court accepted his position that “the words were on the jacket as a means of informing the public of the [...]

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