Legal Opinion · Dissent
Commonwealth v. Morgan
Supreme Court of Pennsylvania
Decided September 26, 1972No. Appeal, No. 146Published
1Dissent
*518Dissenting Opinion by
Packel, J.:
I dissent because the statute is overbroad.1 Wha,t a person may say or display as to the flag, absent some element of commotion or other public concern, is a matter of free speech.2 An aberration of mind together with its expression, without more, is no crime.
Goguen v. Smith, 343 F. Supp. 161 (D.C. Mass. 1972).
Cf. Street v. New York, 394 U.S. 576 (1969) ; dissent in United States v. Crossom, 462 F. 2d 96 (9th Cir. 1972).
2Cases cited3 opinions
- Street v. New YorkSupreme Court of the United States · 1969
- United States v. Sharon K. CrossonCourt of Appeals for the Ninth Circuit · 1972
- Goguen v. SmithDistrict Court, D. Massachusetts · 1972