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GOODING v. WILSON

No. 70-26.

405 U.S. 518 (1972)

GOODING, WARDEN v. WILSON.

Supreme Court of United States.

Decided March 23, 1972.

Attorney(s) appearing for the Case

Courtney Wilder Stanton, Assistant Attorney General of Georgia, argued the cause for appellant. With him on the brief were Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Dorothy T. Beasley, Assistant Attorney General, and Franklin Pierce.

Elizabeth R. Rindskopf argued the cause for appellee. On the brief were Howard Moore, Jr., and Peter E. Rindskopf.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

Appellee was convicted in Superior Court, Fulton County, Georgia, on two counts of using opprobrious words and abusive language in violation of Georgia Code Ann. § 26-6303, which provides: "Any 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 . . ...

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