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Spence v. Washington

Citations: 41 L. Ed. 2d 842; 94 S. Ct. 2727; 418 U.S. 405; 1974 U.S. LEXIS 89Docket: 72-1690

Court: Supreme Court of the United States; June 25, 1974; Federal Supreme Court; Federal Appellate Court

Narrative Opinion Summary

In this case, the appellant, a college student, was convicted under a Washington statute for displaying a U.S. flag with a peace symbol made of removable tape. The conviction was upheld by the Washington Supreme Court, which rejected claims that the statute violated the First Amendment and was void for vagueness. The U.S. Supreme Court reversed the conviction, finding that the statute infringed on the appellant's protected expression. The appellant had displayed the flag upside down from his apartment as a protest against the Vietnam War, asserting it was a symbolic message of peace. The State, relying on the testimony of arresting officers, did not challenge the appellant's intent. The trial court instructed the jury that the display sufficed for conviction without requiring specific intent. The Washington Court of Appeals initially reversed the conviction, but the state Supreme Court reinstated it, citing the importance of preserving the flag as a national symbol. However, the U.S. Supreme Court found this rationale insufficient to outweigh the appellant's First Amendment rights, emphasizing the peaceful, non-damaging nature of the protest and the lack of a breach of peace or intent to incite violence. The reversal highlighted the protected nature of symbolic speech, aligning with prior rulings on similar issues.

Legal Issues Addressed

First Amendment Protection of Symbolic Speech

Application: The U.S. Supreme Court reversed the conviction, finding that the statute infringed on protected expression under the First Amendment.

Reasoning: The U.S. Supreme Court, which noted probable jurisdiction and ultimately reversed the conviction, concluding that the statute infringed on protected expression.

Jury Instructions and Specific Intent Requirement

Application: The trial court instructed the jury that displaying a flag with a peace symbol was sufficient for conviction without the need for specific intent, which the appellant challenged.

Reasoning: The trial court instructed the jury that displaying a flag with a peace symbol was sufficient for a conviction without the need for specific intent.

Selective Enforcement and Prosecutorial Discretion

Application: Concerns about selective enforcement of the statute were noted, but the court differentiated these from issues of statutory vagueness, attributing them to prosecutorial discretion.

Reasoning: Instances of selective enforcement, if present, result from prosecutorial discretion rather than ambiguous statutory language, distinguishing this case from Smith v. Goguen.

State Interest in Preserving the Flag as a National Symbol

Application: While acknowledging the state's interest in preserving the flag, the Court found that the statute's application was unconstitutional given the appellant's peaceful protest and lack of flag desecration.

Reasoning: The state's counsel focused on the breach-of-peace argument in court, which was not supported by the state court's findings...The appellant’s actions did not mislead viewers into thinking the government endorsed his viewpoint; instead, they constituted a peaceful protest against government actions.

Void for Vagueness Doctrine

Application: The appellant's claim that the statute was void for vagueness was rejected by the Washington Supreme Court, which found the statute's application straightforward based on clear jury instructions.

Reasoning: However, the court did not agree with the appellant’s void-for-vagueness claim, finding the statute’s application straightforward and based on clear jury instructions.