GOODING V. WILSON
405 U.S. 518 (1972)
NATURE OF THE CASE: This is an appeal from the grant of federal habeas corpus in an
original prosecution for using opprobrious words and abusive language.
FACTS: Wilson (D) was arrested during an antiwar demonstration for calling police
officers a 'White son of a bitch' and threatening to kill them and choke them to death and
or to cut them to pieces if they ever put hands on him again. D was convicted under a
Georgia statute providing that '[a]ny person who shall, without provocation, use to or of
another, and in his presence . . . opprobrious words or abusive language, tending to cause a
breach of the peace . . . shall be guilty of a misdemeanor,' which has not been narrowed by
the Georgia courts to apply only to 'fighting' words 'which by their very utterance . . .
tend to incite an immediate breach of the peace.' D defended against the charges contending
that the statute was unconstitutionally vague and overbroad because it could be interpreted
to apply to protected speech. D appealed the conviction to the Supreme Court of Georgia on
the ground, among others, that the statute violated the First and Fourteenth Amendments
because it was vague and overbroad. The Georgia Supreme Court rejected that contention and
sustained the conviction. D petitioned for habeas corpus relief. The District Court, in
disagreement with the Georgia Supreme Court, held that 26-6303, on its face, was
unconstitutionally vague and broad, and set aside D's conviction. The Court of Appeals for
the Fifth Circuit affirmed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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