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Gobitis (1940), in which the court had held that Witnesses could be forced against their will to pay homage to the flag.The fighting words doctrine was established by Chaplinsky v. New Hampshire (1942). In that case, a Jehovah's Witness had reportedly told a New Hampshire town marshal who was attempting to prevent him from preaching "You are a damned racketeer" and "a damned fascist" and was arrested.

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