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Street v. New York

Citations: 22 L. Ed. 2d 572; 89 S. Ct. 1354; 394 U.S. 576; 1969 U.S. LEXIS 3189Docket: 5

Court: Supreme Court of the United States; April 21, 1969; Federal Supreme Court; Federal Appellate Court

Narrative Opinion Summary

The Court reviewed the case of an appellant convicted under New York Penal Law § 1425, subd. 16, par. d, which criminalizes showing contempt for the American flag. The appellant was convicted for burning a flag as a form of protest against a civil rights incident and received a suspended sentence. On appeal, he challenged the constitutionality of the statute, claiming it violated First Amendment rights by punishing symbolic speech. The Court determined that the statute was unconstitutionally applied, as it allowed for punishment based on his speech without considering the protest's context. Emphasizing the need for clear federal question presentation in state courts, the Court found that the appellant adequately raised constitutional issues. The Court reversed the conviction, applying the principle that a conviction must be overturned if based on any unconstitutional ground, as established in precedent cases. Additionally, the Court deemed the case not moot due to potential collateral consequences, including employment impacts. The ruling emphasized constitutional protections for dissent, especially regarding national symbols, and remanded the case for proceedings consistent with its opinion.

Legal Issues Addressed

Constitutional Protection of Dissent

Application: The Court found Street's conviction violated constitutional rights as the punishment stemmed from protected expression in protest.

Reasoning: The court found that the appellant's conviction under New York Penal Law § 1425, subd. 16, par. d, violated constitutional rights, as the punishment stemmed from protected speech, specifically his act of flag burning as a form of protest.

First Amendment Protection of Symbolic Speech

Application: The Court determined that the statute was unconstitutionally applied, as it allowed for punishment based solely on defiant speech regarding the flag, without considering the protest’s context.

Reasoning: The Court determined that the statute was unconstitutionally applied in Street's case, as it allowed for punishment based solely on his defiant speech regarding the flag, without consideration of the context of his protest.

General Verdicts and Unconstitutional Grounds

Application: The Court emphasized that a conviction based on a general verdict must be reversed if any ground is unconstitutional, citing precedent cases.

Reasoning: The principle from Stromberg is reaffirmed, emphasizing that a conviction based on a general jury verdict must be reversed if it is unclear whether it was founded on a constitutionally valid theory.

Judicial Avoidance of Mootness in Convictions with Collateral Consequences

Application: Despite the expired sentence, the Court ruled the case was not moot due to potential employment and legal repercussions stemming from the conviction.

Reasoning: The Court previously ruled in Ginsberg v. New York that a case is not moot if there is a potential risk to an appellant's employment due to a conviction.

Overbreadth and Vagueness in Statutory Language

Application: Street argued that the statute was overbroad and vague, asserting it punished flag destruction as protest protected by the First Amendment. The Court found the statute's 'words' section to be unconstitutional as applied.

Reasoning: He argued that the statute was overbroad, vague, and unconstitutional as it punished flag destruction as a form of protest protected by the First Amendment...

Requirement of Clear Presentation of Federal Questions in State Courts

Application: The Court held that Street sufficiently raised the constitutional issues at the state trial level, satisfying the requirement for federal review.

Reasoning: The appellant's motion and subsequent appeals adequately satisfied this requirement.