Legal Opinion
Long Island Vietnam Moratorium Committee v. Cahn
Court of Appeals for the Second Circuit
Decided December 24, 1970No. 328, Docket 35287PublishedCited by 37 opinions
1Opinion of the Court
LUMBARD, Chief Judge:
This is an appeal from a judgment of the Eastern District of New York, sitting as a three-judge court convened pursuant to 28 U.S.C. §§ 2281 and 2284 which declared § 136(a) of the General Business Law of New York constitutional as properly applied, but held that it did not apply to plaintiffs’ emblem — a representation of the American flag on which is superimposed a symbol that resembles an inverted trident and is generally recognized as the traditional peace symbol.
Section 136(a) provides that it shall be a misdemeanor to display “any word, figure, mark, picture,…
2Cases cited20 opinions
- United States v. O'BrienSupreme Court of the United States · 1968
- Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
- West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
- Thornhill v. AlabamaSupreme Court of the United States · 1940
- Dombrowski v. PfisterSupreme Court of the United States · 1965
15 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Seals v. HickeySupreme Court of Connecticut · 1982
- Stop the Olympic Prison v. United States Olympic CommitteeDistrict Court, S.D. New York · 1980
- Parker v. MorganDistrict Court, W.D. North Carolina · 1971
- Valarie Goguen v. Joseph Smith, Sheriff of Worcester CountyCourt of Appeals for the First Circuit · 1972
- Sherr v. Northport-East Northport Union Free School DistrictDistrict Court, E.D. New York · 1987
32 more not listed; retrieve them via the Exa API.