Legal Opinion

State v. Spence

Court of Appeals of Washington

Decided November 15, 1971No. 854-1PublishedCited by 9 opinions

1Opinion of the CourtHorowitz, C.J.

Defendant, after jury trial, was convicted of violating RCW 9.86.020 (1) and (2), which forbids the improper use for exhibition or display of any flag of the United States as therein defined. On appeal he contends his conviction should be reversed and the charge dismissed because the statute violates his First Amendment rights. For the reasons next stated, we uphold his contention. RCW 9.86.020(1) and (2) provide:

No person shall, in any manner, for exhibition or display:(1) Place or cause to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon any…

Also in this document: Concurrence.

2Cases cited32 opinions

  1. United States v. O'BrienSupreme Court of the United States · 1968
  2. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
  3. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  4. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  5. West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943

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3Cited by9 opinions

  1. Spence v. WashingtonSupreme Court of the United States · 1974
  2. State v. SpenceWashington Supreme Court · 1973
  3. State v. ZimmelmanSupreme Court of New Jersey · 1973
  4. State v. ZimmelmanNew Jersey Superior Court Appellate Division · 1972
  5. Spence v. WashingtonSupreme Court of the United States · 1974

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