COLUMBUS v. FRALEY

Nos. 74-125 and 74-177.

41 Ohio St. 2d 173 (1975)

CITY OF COLUMBUS, APPELLEE, v. FRALEY, APPELLANT. CITY OF COLUMBUS, APPELLEE, v. BEAL, APPELLANT.

Supreme Court of Ohio.

Decided March 12, 1975.


Attorney(s) appearing for the Case

Mr. James J. Hughes, Jr., city attorney, Mr. Daniel W. Johnson, Mr. Michael C. Matuska and Miss Phyllis F. Kunkler, for appellees.

Mr. Alexander M. Spater, for appellant Fraley.

Mr. John Quigley, for appellant Beal.


PAUL W. BROWN, J.

I

Appellants were convicted for the alleged use 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 * * *."...

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