Legal Opinion
People v. Radich
New York Court of Appeals
Decided February 18, 1970PublishedCited by 50 opinions
1Opinion of the CourtGibson, J.
The issue is whether defendant’s conviction of a violation of New York’s flag desecration statute was in contravention of his right of free speech under the First Amendment to the Constitution of the United States. The particular *117penal provision found to have been violated provides, in substance, that any person who shall publicly mutilate, deface, defile, or defy, trample upon, or cast contempt upon the flag of the United States of America, either by words or act, shall be guilty of a misdemeanor (former Penal Law, § 1425, subd. 16, par. d, now General Business Law, § 136, subd. d). The…
2Cases cited12 opinions
- United States v. O'BrienSupreme Court of the United States · 1968
- West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
- Stromberg v. CaliforniaSupreme Court of the United States · 1931
- Street v. New YorkSupreme Court of the United States · 1969
- Halter v. NebraskaSupreme Court of the United States · 1907
7 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Delorme v. StateCourt of Criminal Appeals of Texas · 1973
- Valarie Goguen v. Joseph Smith, Sheriff of Worcester CountyCourt of Appeals for the First Circuit · 1972
- Long Island Vietnam Moratorium Committee v. CahnCourt of Appeals for the Second Circuit · 1970
- Charles Close v. John W. LederleCourt of Appeals for the First Circuit · 1970
- Thoms v. SmithDistrict Court, D. Connecticut · 1971
45 more not listed; retrieve them via the Exa API.