Legal Opinion
United States v. William Charles Cary, Jr.
Court of Appeals for the Eighth Circuit
Decided February 26, 1990No. 88-5458PublishedCited by 5 opinions
1Opinion of the Court
MAGILL, Circuit Judge.
William Charles Cary, Jr. (Cary) appeals his conviction1 of knowingly casting contempt upon a flag of the United States by publicly burning it in violation of 18 U.S.C. § 700 (1988).2 The district *919court,3 which upheld § 700 against constitutional attack,4 sentenced Cary to three months in custody and imposed a special assessment of twenty-five dollars. On appeal, Cary challenges the constitutionality of the federal statute only as applied. The issue presented on appeal is whether the Supreme Court’s recent opinion in Texas v. Johnson, — U.S. -, 109 S.Ct. 2533, 105…
2Cases cited15 opinions
- Cantwell v. ConnecticutSupreme Court of the United States · 1940
- United States v. O'BrienSupreme Court of the United States · 1968
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Texas v. JohnsonSupreme Court of the United States · 1989
- Brandenburg v. OhioSupreme Court of the United States · 1969
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3Cited by5 opinions
- State v. Johnson, TerenceCourt of Criminal Appeals of Texas · 2015
- Johnson, TerenceCourt of Appeals of Texas · 2015
- State v. Johnson, TerenceCourt of Criminal Appeals of Texas · 2015
- State v. Terence Johnson, Texas Court of Appeals, 12th District (Tyler)2015
- United States v. William Charles Cary, Jr.Court of Appeals for the Eighth Circuit · 1990