# State v. Spence

> Washington Supreme Court · January 18, 1973 · 81 Wash. 2d 788

URL: https://www.frixlaw.com/law-library/cases/9596914

## Case

- **Full name:** The State of Washington, Appellant, v. Harold Omand Spence, Respondent
- **Court:** Washington Supreme Court
- **Decided:** January 18, 1973
- **Citations:** 81 Wash. 2d 788; 506 P.2d 293; 1973 Wash. LEXIS 851
- **Precedential status:** Published
- **Opinion:** Concurrence by Stafford
- **Judges:** Hale, Stafford, Finley
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Spence v. Washington, 418 U.S. 405 (1974).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9596914

## Opinion text

Stafford, J.
(concurring in the result only)—I concur in the result reached by the majority. I cannot, however, agree with the manner in which the majority has dealt with the problem of overbreadth in the area of the first amendment to the United States Constitution. The cases cited in support of the majority’s position are not, for the most part, first amendment cases. Using non-first amendment cases to support a first amendment issue undermines *802 the majority rationale. For this reason I concur in the result only.
Hamilton, J., concurs with Stafford, J.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9596914. Public record. Not legal advice.