In Lewis v. City of New Orleans, 415 U.S. 130 (1974), the appellant was convicted under a municipal ordinance prohibiting persons from wantonly cursing, reviling or using obscene or oppobrious language "toward or with reference to any member of the city police while in the actual performance of his duty." Lewis, 415 U.S. at 132. In vacating the conviction and invalidating the ordinance as facially overbroad, the Supreme Court indicated that it arrived at its decision because the ordinance "punished only spoken words" and was not limited in scope to fighting words that "by their very utterance inflict injury or tend to incite an immediate breach of the peace." Id. 133. Furthermore, in his concurring opinion, Justice Powell suggested that even the "fighting words" exception recognized in Chaplinsky v. State of New Hampshire might impose a more limited application in cases involving speech to a police officer, as he stated "a properly trained officer may reasonably be expected to 'exercise a higher degree of restraint' than the average citizen, and thus be less likely to respond belligerently to 'fighting words.'" Lewis, 415 U.S. at 135 (concurring opinion).