Legal Opinion
Parker v. Morgan
District Court, W.D. North Carolina
Decided January 22, 1971No. 2694PublishedCited by 41 opinions
1Opinion of the Court
CRAVEN, Circuit Judge:
This is a suit brought to test the constitutionality of one of North Carolina’s miscellaneous police regulations, codified as N.C.G.S. § 14-381, and entitled “Desecration of State and National flag”. The statute is printed in the margin.1 Enacted in 1917 during a period of national chauvinistic fervor, it is an uncommonly *587bad statute. Despite our respect, and indeed love, for these symbols of state and nation, we are compelled to hold the statute unconstitutional.
I
The factual context of the case is undisputed. On April 9,1970, on the premises of the University of North…
2Cases cited12 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- United States v. O'BrienSupreme Court of the United States · 1968
- Flast v. CohenSupreme Court of the United States · 1968
- West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
- Thornhill v. AlabamaSupreme Court of the United States · 1940
7 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Smith v. GoguenSupreme Court of the United States · 1974
- Thomas Wayne Joyce v. United StatesCourt of Appeals for the D.C. Circuit · 1972
- Thoms v. HeffernanCourt of Appeals for the Second Circuit · 1973
- Sutherland v. DeWulfDistrict Court, S.D. Illinois · 1971
- Deeds v. StateCourt of Criminal Appeals of Texas · 1971
36 more not listed; retrieve them via the Exa API.