Gooding v. Wilson
405 U.S. 518, 92 S. Ct. 1103, 31 L. Ed. 2d 408 (U.S. 1972)

PROCEDURAL FACTS

The defendant, Wilson, was convicted in Superior Court, Fulton County, Georgia on two counts of using “fighting” and abusive language in violation of a Georgia statute through the state court. The defendant appealed his conviction to the Supreme Court of Georgia. The Supreme Court of Georgia rejected Wilson’s appeal and retained the conviction. Defendant then took his case to the federal District Court for the Northern District of Georgia were his conviction was appealed and the U.S Court of Appeals for the Fifth Circuit confirmed his appeal.

SUBSTANTIVE FACTS

In Georgia, the defended picketed his way into a United States Army induction ceremony in efforts to protest his opposition of the Vietnam War. Once inductees started to come through, the defendant was involved in a small fight in which he committed assault and battery against police officers along with the use of abusive language towards them. The defendant was charged with two counts of using “fighting” and abusive language as it is in violation of a Georgia statute which makes it a misdemeanor to use “opprobrious words or abusive language, tending to cause a breach of peace” in the presence of someone else. The defendant sought to engage in an appeal as he felt this statute was in violation of his rights protected by the First and Fourteen Amendment of the United States.

ISSUES …show more content…
Was the statute too vague in its language in which it could be interpreted in a way that could punish free speech as protected by the First Amendment?
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