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On a busy Saturday afternoon in 1940, Walter Chaplinsky took to the streets of Rochester, New Hampshire, to distribute literature promoting the faith of Jehovah's Witnesses and denouncing all other religions. At one point, Chaplinsky encountered the City Marshall, whom he called a "damned racketeer" and a "damned Fascist." New Hampshire charged Chaplinsky under a criminal provision restricting "offensive" speech. In upholding Chaplinsky's conviction a unanimous United States Supreme Court asserted that "[a]rgument is unnecessary to demonstrate that the appellations 'damned racketeer' and 'damned Fascist' are epithets likely to provoke the average person to retaliation, and thereby cause a breach of the peace."

When teaching Chaplinsky to law studen

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