finding that an upside-down American flag with a peace symbol hung out a dormitory-room window was expressive conduct, and stating that “the nature of appellant’s activity, combined with the factual context and environment in which it was undertaken, lead to the conclusion that he engaged in a form of protected expression.”
How later courts described this case
- finding that an upside-down American flag with a peace symbol hung out a dormitory-room window was expressive conduct, and stating that “the nature of appellant’s activity, combined with the factual context and environment in which it was undertaken, lead to the conclusion that he engaged in a form of protected expression.”
- holding unconstitutional a state statute that made it a criminal act to place "any word figure, mark, picture, design, drawing or advertisement of any nature upon any flag ... of the United States," and reversing the conviction of college student who attached a peace symbol to an American flag
- holding person's nonverbal activity sufficiently imbued with elements of communication when "[a]n intent to convey a particular message was present, and in the surrounding circumstances the likelihood was great that the message would be understood by those who [received] it"
- finding petitioner’s expressive conduct protected by the First Amendment because “[a]n intent to convey a particularized message was present, and in the surrounding circumstances the likelihood was great that the message would be understood by those who viewed it”
Written by the judges who cited it.
Distinguished
Distinguished by State v. Farrell, 1974 Iowa Sup. LEXIS 1167 (1974)
At the threshold it is to us apparent, for reasons later set forth, Spence, supra, is inapposite.
The opinion
Mr. Justice Douglas,
concurring.
I would reverse the judgment for substantially the same reasons given by the Iowa Supreme Court in State v. Kool, 212 N. W. 2d 518 . In that case the de *416 fendant hung a peace symbol made of cardboard and wrapped in tinfoil in the window of his home and hung a replica of the United States flag behind the peace symbol but in an upside-down position. The state statute made it a crime to “cast contempt upon, satirize, deride or burlesque [the] flag,” Iowa Code § 32.1 .
The court held that defendant’s conduct constituted “symbolic speech.” The court, in reversing the conviction, said:
“Someone in Newton might be so intemperate as to disrupt the peace because of this display. But if absolute assurance of tranquility is required, we may as well forget about free speech. Under such a requirement, the only 'free’ speech would consist of platitudes. That kind of speech does not need constitutional protection.” 212 N. W. 2d, at 521 .
That view is precisely my own. Hence I concur in reversing this judgment of conviction.