Wrt Cohen v. California, did the jacket bear the slogan:

(a) "F*ck the Draft"

(b) "F*ck Draft Beer"

(c) "F*ck You"

Context matters with speech (as with most things).

I'm sure the governments of New York, Virginia, Texas and probably many other jurisdictions would be surprised to hear it was unconstitutional to give people tickets for yelling any language they pleased, even in other people's faces. Could you provide a citation for the overruling of Chaplinsky and also one striking down public swearing laws?

You are right wrt the difference between profanity and fighting words – not all profanity is fighting words, but most if not all fighting words are profanity. Once again, circumstances matter – if you drop something on your foot and yell "Oh f*ck!" in public, that is public swearing but not cursing and abusing. If you yelled "F*ck you!" in someone's face, that would be fighting words.

Both are punishable, though the latter generally more severely.

Cheers,

Jeff Deutsch

1. I'm not sure if you're aware of this, but in many if not most or all jurisdictions – including New York State – every day is No Cussing Day. Swearing in public, let alone directly to someone's face, is considered disorderly conduct in New York. Virginia and Texas, for more examples, have laws specifically addressing swearing in public and cursing and abusing people to their faces.

It's just as proper a function to prohibit public display of nasty words as of the things they tend to represent. Arguably, more so – they're known as "fighting words" for a reason.

[Kip replies: You seem to be confusing profanity with fighting words. They're not the same. Compare Chaplinsky v. New Hampshire with Cohen v. California. I and others doubt that Chaplinsky is even good law anymore.]

2. Wrt the doctors' case – I feel sorry for the scientists involved. I would think given how many foreigners flock to America to study here, that U.S. doctorates should be accepted at least at par with European ones. (I wonder if our world-class alma mater has anything to say about Dr. Baldwin's case?)

3. If you want to make a dramatic point about the low educational requirements the aspiring lawyer needs to fulfill, please note that he's also required to complete high school, not just elementary school.

Cheers,

Jeff Deutsch

A2: Either the standards for the Brazil test are very, very, very low or this is a very, very, very elementary student. Admit him; if he does not perform well he can always be expelled…and sent back to primary school.