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Smith v. Goguen

Smith v. Goguen
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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
Prior history 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
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</td></tr><tr><th colspan="2" style="text-align:center;background-color: #99c0ff; white-space:nowrap">Case opinions</th></tr><tr><th scope="row" style="text-align:left">Majority</th><td>

Powell, joined by Douglas, Brennan, Stewart, Marshall</td></tr><tr><th scope="row" style="text-align:left">Concurrence</th><td> White</td></tr><tr><th scope="row" style="text-align:left">Dissent</th><td> Blackmun, joined by Burger</td></tr><tr><th scope="row" style="text-align:left">Dissent</th><td> Rehnquist, joined by Burger</td></tr><tr><th colspan="2" style="text-align:center;background-color: #99c0ff; white-space:nowrap">Laws applied</th></tr><tr><td colspan="2" style="text-align:center"> U.S. Const. amends. I, XIV</td></tr></table>

Smith v. Goguen, 415 U.S. 566 (1974), is a United States Supreme Court case in which the Court held that flag desecration laws that prohibit "contemptuous" treatment of the flag are overly broad.

Background

Goguen, a teenager from Massachusetts, was arrested by police for wearing a small cloth US flag on the seat of his pants. When arrested, Goguen was standing on the sidewalk, talking; he was not engaged in any demonstration. Goguen was convicted and sentenced to 6 months in jail for violating a flag desecration law encompassing anyone who treats the flag "contemptuously". His conviction was upheld by the Massachusetts Supreme Court. Assisted by the ACLU, Goguen appealed to the Federal court, and the Federal court overturned his conviction. Massachusetts appealed to the US Supreme Court.

Opinion of the Court

The Supreme Court, in a 6 to 3 decision, sided with Goguen, and ruled that the statute was too vague. The Court partially relied on prior decisions which prohibited states from compelling people to salute the flag: "neither the United States nor any State may require any individual to salute or express favorable attitudes toward the flag."

See also

External links