Legal Opinion

Commonwealth v. Janoff

Pennsylvania Court of Common Pleas, Centre County

Decided August 16, 1968No. 370 of 1967Published

1Opinion of the Court

Campbell, P. J.,

The indictment charges that defendants did unlawfully expose or cause to be exposed to public view the flag of the United States of. America upon which was printed, painted or otherwise placed, letters of the alphabet spelling out, “Make Love not War The New American Revolutionaries”.

The basis of the indictment is the flag desecration statute of this Commonwealth: 18 PS §4211. The statute as it applies to the indictment herein reads, in part, as follows:

“Whoever . . . exposes ... to public view any . . . flag . . . upon which shall be printed, painted or other*594wise placed . . .…

2Cases cited15 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Cox v. LouisianaSupreme Court of the United States · 1965
  3. Adderley v. FloridaSupreme Court of the United States · 1966
  4. Commonwealth v. KoczwaraSupreme Court of Pennsylvania · 1959
  5. Halter v. NebraskaSupreme Court of the United States · 1907

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