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Further, the State certainly lacks power to punish Cohen for the underlying content of the message the inscription conveyed. This does not end the inquiry, of course, for the First and Fourteenth Amendments have never been thought to give absolute protection to every individual to speak whenever or wherever he pleases, or to use any form of address in any circumstances that he chooses. No individual actually or likely to be present could reasonably have regarded the words on appellant's jacket as a direct personal insult. [p21] Finally, in arguments before this Court, much has been made of the claim that Cohen's distasteful mode of expression was thrust upon unwilling or unsuspecting viewers, and that the State might therefore legitimately act as it did in order to protect the sensitive from otherwise unavoidable exposure to appellant's crude form of protest. The ability of government, consonant with the Constitution, to shut off discourse solely to protect others from hearing it is, in other words, dependent upon a showing that substantial privacy interests are being invaded in an essentially intolerable manner.
We brought the case here, postponing the consideration of the question of our jurisdiction over this appeal to a hearing of the case on the merits. Accordingly, we are fully satisfied that Cohen has properly invoked our jurisdiction by this appeal. The rationale of the California court is plainly untenable. The argument amounts to little more than the self-defeating proposition that, to avoid physical censorship of one who has not sought to provoke such a response by a hypothetical coterie of the violent and lawless, the States may more appropriately effectuate that censorship themselves. The constitutional right of free expression is powerful medicine in a society as diverse and populous a ours. These are, however, within established limits, in truth necessary side effects of the broader enduring values which the process of open debate permits us to achieve. come under the protection of free speech as fully as do Keats' poems or Donne's sermons," 402 U. First, the principle contended for by the State seems inherently boundless.When an i Phone user texts with a non-i Phone user (or an i Phone user using something other than i Message -- meaning mainly Android users, obviously), those outgoing texts are in a harsh green.