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Spence Vs. Washington
Cites for this judgment
- US Supreme Court
- Jun 25, 1974
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U.S. 405 (1974) U.S. Supreme Court Spence v. WashingtonSearch
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U.S. 405 (1974) Spence v. WashingtonSearch
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communication to fall within the scope of the First and Fourteenth Amendments, for as the Court noted in United States v. O'BrienSearch
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The Court for decades has recognized the communicative connotations of the use of flags. E.g., Stromberg v. CaliforniaSearch
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Board of Education v. BarnetteSearch
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a symbol is used for purposes of expression is important, for the context may give meaning to the symbol. See Tinker v. DesSearch
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triggered by the Cambodian incursion and the Kent State tragedy, also issues of great public moment. Cf. Scheuer v. RhodesSearch
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over which the State by necessity must have certain supervisory powers unrelated to expression. Cf. Procunier v. MartinezSearch
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Tinker v. DesSearch
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the challenged conviction, drawing upon the arguments before us, the opinions below, and the Court's opinion in Street v. NewSearch
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Street v. NewSearch
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ideas upon a captive audience. Anyone who might have been offended could easily have avoided the display. See Cohen v. CaliforniaSearch
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U. S. 15 (1971). Nor may appellant be punished for failing to show proper respect for our national emblem. Street v. NewSearch
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Id. at 799, 800, 506 P.2d at 300, 301. As the Court noted in, e.g., Schneider v. StateSearch
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is no occasion in this case to address the application of the challenged statute to commercial behavior. Cf. Halter v. NebraskaSearch
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the Court concluded that the First Amendment applies to the States by virtue of the Fourteenth Amendment. See Gitlow v. NewSearch
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unrelated to expression has been advanced or can be supported on this record, the four-step analysis of United States v. O'BrienSearch
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has been a result of prosecutorial discretion, not the language of the statute. Accordingly, this case is unlike Smith v. GoguenSearch
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The similarity of our holding to that of the Iowa Supreme Court in State v. KoolSearch
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I would reverse the judgment for substantially the same reasons given by the Iowa Supreme Court in State v. KoolSearch
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Chaplinski v. NewSearch
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First Amendment, despite the fact that they could reasonably be thought protected under its literal language. See Roth v. UnitedSearch
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was convicted is no stranger to this Court, a virtually identical statute having been before the Court in Halter v. NebraskaSearch
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than other forms of expression, but that suggestion would seem quite inconsistent with the position taken in Lehman v. ShakerSearch
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this interest has been emphasized in recent as well as distant times. Mr. Justice Fortas, for example, noted in Street v. NewSearch
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it. It certainly could not require all citizens to own the flag or compel citizens to salute one. Board of Education v. BarnetteSearch
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There is some doubt concerning whether the 'commercial speech' distinction announced in Valentine v. ChrestensenSearch
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referring to MR. JUSTICE DOUGLAS' concurring opinion in Cammarano v. UnitedSearch
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U.S. Supreme Court Spence v. WashingtonSearch
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E.g., Stromberg v. CaliforniaSearch
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See Tinker v. DesSearch
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Cf. Scheuer v. RhodesSearch
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Cf. Procunier v. MartinezSearch
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See Cohen v. CaliforniaSearch
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Schneider v. StateSearch
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Cf. Halter v. NebraskaSearch
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of the Fourteenth Amendment. See Gitlow v. NewSearch
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of United States v. O'BrienSearch
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State v. KoolSearch
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See Roth v. UnitedSearch
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Lehman v. ShakerSearch
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Cammarano v. UnitedSearch
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United States v. O'BrienSearch
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