Facts of the Case
Harold Omand Spence displayed an American flag with a peace symbol made out of removable tape on it outside of his home in Seattle, WA. When officers came to his house he offered to take the flag down, but was arrested, charged, and convicted under a Washington statute that forbade the display of an American flag to which figures symbols or other extraneous material is attached or superimposed. Spence was not charged under the state flag desecration statute. The Washington Court of Appeals reversed, but the Washington Supreme Court reversed and reinstated the conviction. The state supreme court rejected Spence’s argument that the statute violated the First Amendment and was unconstitutionally vague.
Questions
Does the Washington statute violate the First and Fourteenth Amendments?
Conclusions
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Yes. In a per curiam opinion, the Supreme Court held that that statute, as applied, violated the First Amendment right to free speech. Justice William O. Douglas concurred, writing that Spence’s display was symbolic speech entitled to constitutional protection. Justice Harry A. Blackmun concurred in the result.
Chief Justice Warren E. Burger dissented, arguing that each state should decide how the American flag should be protected. Justice William H. Rehnquist dissented, expressing that states have an interest in protecting the American flag as an important symbol of national unity. Chief Justice Burger and Justice Byron R. White joined in the dissent.
Minnesota Voters Alliance v. Mansky Strikes Down a Vague Ban on Speech in Polling Places, But Future Bans May Be Upheld
Federalist Society Review, Volume 19
Note from the Editor: This article discusses the Supreme Court’s opinion in Minnesota Voters Alliance...
