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Freedom of Speech and Symbolic Conduct: The Crime of Flag Desecration

Abstract

This note examines the question of the constitutionality of statutes prohibiting public desecration of the American flag. The author began his research expecting that such statutes could be justified. He concluded, however, that, notwithstanding, the despicable nature of flag desecration, a statute prohibiting all such conduct in public cannot meet the standards imposed by Street v. New York and United States v. O'Brien and thus is an unconstitutional infringement on symbolic expression protected by the first amendment.

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12 Ariz. L. Rev. 71 (1970)

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