Smith v. Goguen
| Smith v. Goguen | |
|---|---|
| Argued November 12–13, 1973 Decided March 25, 1974 | |
| Full case name | Smith v. Goguen |
| Citations | 415 U.S. 566 (more) 94 S. Ct. 1242; 39 L. Ed. 2d 605; 1974 U.S. LEXIS 113 |
| Case history | |
| Prior | Appeal from the United States Court of Appeals for the First Circuit |
| Holding | |
| Flag desecration laws that prohibit "contemptuous" treatment of the flag are overly broad. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Powell, joined by Douglas, Brennan, Stewart, Marshall |
| Concurrence | White |
| Dissent | Blackmun, joined by Burger |
| Dissent | Rehnquist, joined by Burger |
| Laws applied | |
| U.S. Const. amends. I, XIV | |
Smith v. Goguen, 415 U.S. 566 (1974), is a decision of the Supreme Court of the United States in which the Court held that a Massachusetts flag desecration law that prohibited "publicly treat[ing] contemptuously the flag of the United States" was unconstitutionally void for vagueness.[1]: 538–539
See also
- West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943)
- Stromberg v. California, 283 U.S. 359 (1931)
References
- ^ Hicks, Kenneth A. (1974–1975). "Spence v. Washington; Smith v. Goguen: Symbolic Speech and Flag Desecration". Columbia Human Rights Law Review. 6 (2): 535–550 – via HeinOnline.
External links
- Text of Smith v. Goguen, 415 U.S. 566 (1974) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)
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