In the case of Lewis v. City of New Orleans in 1973, the U.S Supreme Court ruled that a city ordinance making it illegal to verbally challenge police officers was unconstitutional. The plaintiff, Mrs. Jessie Lewis, had been convicted under this law after she allegedly used offensive language towards an officer who stopped her husband for a traffic violation. The court held that while some words directed at police may be prohibited if they provoke violence or constitute "fighting words," the New Orleans ordinance was overly broad and infringed on First Amendment rights because it could potentially criminalize protected speech as well as unprotected speech. Therefore, any conviction obtained under such an ordinance would violate constitutional protections of free expression.

In the dissenting opinion for Lewis v. City of New Orleans, Justice Powell argued that the majority's decision to strike down a city ordinance prohibiting offensive or abusive language towards police officers was misguided. He contended that such laws were necessary to maintain public order and protect law enforcement officials from verbal abuse while performing their duties. Furthermore, he believed that this ruling could potentially undermine respect for law enforcement and lead to increased confrontations between citizens and police officers. In his view, it is not unconstitutional for a city to enact legislation aimed at preventing behavior likely to incite violence or disrupt peace in society.