City of Columbus v. Fraley

I

Appellants were convicted for the alleged nse of obscene language on a public street. Upon appeal, both convictions were affirmed, on the theory that the words in question were “fighting words.” We reverse.

Section 2327.01 of the Columbus Code of Ordinances provides that:

“No person shall disturb the good order and quiet of the city by * * # using obscene or profane language in any' street or other public place * *

In applying such statutory proscription, appellants could properly be convicted only if the language they used was legally obscene. Clearly, such was not the case.

In Cohen v.…