Thoms v. Heffernan
Court of Appeals for the Second Circuit
1Opinion of the Court
OAKES, Circuit Judge: ■
This appeal to a court of appeals from the judgment of a three-judge district court declaring a Connecticut flag misuse statute unconstitutional raises several difficult questions of appellate and trial court jurisdiction and procedure, as well as the more usual first amendment problems on the merits. The decision below is reported sub nom. Thoms v. Smith, 334 F.Supp. 1203 (D.Conn.1971).
I. APPELLATE JURISDICTION
The threshold question we have —one not argued by the parties in their briefs — relates to the jurisdiction of a court of appeals over an appeal from a…
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