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Smith V. Goguen
''Smith v. Goguen'', 415 U.S. 566 (1974), is a United States Supreme Court case in which the Court held that flag desecration laws that prohibit "contemptuous" treatment of the flag are overly broad. Background Goguen, a teenager from Massachusetts, was arrested by police for wearing a small cloth US flag on the seat of his pants. When arrested, Goguen was standing on the sidewalk, talking; he was not engaged in any demonstration. Goguen was convicted and sentenced to 6 months in jail for violating a flag desecration Flag desecration is the desecration of a flag, violation of flag protocol, or various acts that intentionally destroy, damage, or mutilate a flag in public. In the case of a national flag, such action is often intended to make a political poin ... law encompassing anyone who treats the flag "contemptuously". His conviction was upheld by the Massachusetts Supreme Court. Assisted by the ACLU, Goguen appealed to the Federal court, and the Federal court overtur ...
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United States Court Of Appeals For The First Circuit
The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Maine * District of Massachusetts * District of New Hampshire * District of Puerto Rico * District of Rhode Island The court is based at the John Joseph Moakley Federal Courthouse in Boston, Massachusetts. Most sittings are held in Boston, where the court usually sits for one week most months of the year; in one of July or August, it takes a summer break and does not sit. The First Circuit also sits for one week each March and November at the Jose V. Toledo Federal Building and United States Courthouse in Old San Juan, Puerto Rico, and occasionally sits at other locations within the circuit. With six active judges and four active senior judges, the First Circuit has the fewest judges of any of the thirteen United States courts of appeals. Since retiring from the Uni ...
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United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ...
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First Amendment To The United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with ''Gitlow v. New York'' (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. In '' Everson v. Board of Education'' (1947), the Court drew on Thomas ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as ''Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), ''Bush v. Gore'' (2000) regarding the 2000 presidential election, and ''Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Flag Desecration
Flag desecration is the desecration of a flag, violation of flag protocol, or various acts that intentionally destroy, damage, or mutilate a flag in public. In the case of a national flag, such action is often intended to make a political point against a country or its policies. Some countries have laws forbidding methods of destruction (such as burning in public) or forbidding particular uses (such as for commercial purposes); such laws may distinguish between desecration of the country's own national flag and flags of other countries. Some countries have also banned the desecration of all types of flags from inside the country to other country flags. Background Actions that may be treated as desecration of a flag include burning it (flag burning), urinating, defecating or ejaculating on it, defacing it with slogans, stepping upon it, damaging it with stones; bullets; or any other missile, cutting or ripping it, improperly flying it, verbally insulting it, dragging it on the ...
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Massachusetts
Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut [Massachusett writing systems, məhswatʃəwiːsət],'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England region of the Northeastern United States. It borders on the Atlantic Ocean and Gulf of Maine to the east, Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, and New York (state), New York to the west. The state's capital and List of municipalities in Massachusetts, most populous city, as well as its cultural and financial center, is Boston. Massachusetts is also home to the urban area, urban core of Greater Boston, the largest metropolitan area in New England and a region profoundly influential upon American History of the United States, history, academia, and the Economy of the United States, research economy. Originally dependent on agriculture, fishing, and trade. Massachusetts was transformed into a manuf ...
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ACLU
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". The ACLU works through litigation and lobbying, and has over 1,800,000 members as of July 2018, with an annual budget of over $300 million. Affiliates of the ACLU are active in all 50 states, the District of Columbia, and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties to be at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of ''amicus curiae'' briefs expressing legal arguments when another law firm is already providing representation. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policy positions that have been established by its board of directors. Current positions of the ACLU include opposing the death ...
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West Virginia Board Of Education V
West or Occident is one of the four cardinal directions or points of the compass. It is the opposite direction from east and is the direction in which the Sun sets on the Earth. Etymology The word "west" is a Germanic word passed into some Romance languages (''ouest'' in French, ''oest'' in Catalan, ''ovest'' in Italian, ''oeste'' in Spanish and Portuguese). As in other languages, the word formation stems from the fact that west is the direction of the setting sun in the evening: 'west' derives from the Indo-European root ''*wes'' reduced from ''*wes-pero'' 'evening, night', cognate with Ancient Greek ἕσπερος hesperos 'evening; evening star; western' and Latin vesper 'evening; west'. Examples of the same formation in other languages include Latin occidens 'west' from occidō 'to go down, to set' and Hebrew מַעֲרָב maarav 'west' from עֶרֶב erev 'evening'. Navigation To go west using a compass for navigation (in a place where magnetic north is the same dir ...
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Stromberg V
Stromberg, Strömberg, Strømberg, Stroemberg, or ''variant'' may refer to: Places Germany * Stromberg, Oelde, a town in Oelde * Stromberg (landscape), a region in Baden-Württemberg ** Stromberg-Heuchelberg Nature Park * Stromberg (Siebengebirge), a mountain peak now better known as Petersberg * Stromberg (Verbandsgemeinde), a collective municipality in the district of Bad Kreuznach in Rheinland-Pfalz ** Stromberg (Hunsrück), a town and the seat of the collective municipality People * Stromberg (surname), people with the surname of any spelling variant Corporate * Stromberg, a carburetor brand name used by Zenith Carburetters and by Bendix Corporation * Strömberg (company), a Finnish manufacturer of electronic products * Stromberg Guitars, an American company producing guitars, mainly for jazz musicians, between 1906 and 1955 * Stromberg-Carlson, an American manufacturer of telephone equipment, radios and television * Stromberg-Voisinet, manufacturer of musical instrumen ...
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1974 In United States Case Law
Major events in 1974 include the aftermath of the 1973 oil crisis and the resignation of United States President Richard Nixon following the Watergate scandal. In the Middle East, the aftermath of the 1973 Yom Kippur War determined politics; following Israeli Prime Minister Golda Meir's resignation in response to high Israeli casualties, she was succeeded by Yitzhak Rabin. In Europe, the invasion and occupation of northern Cyprus by Turkish troops initiated the Cyprus dispute, the Carnation Revolution took place in Portugal, and Chancellor of West Germany Willy Brandt resigned following an espionage scandal surrounding his secretary Günter Guillaume. In sports, the year was primarily dominated by the 1974 FIFA World Cup, FIFA World Cup in West Germany, in which the Germany national football team, German national team won the championship title, as well as The Rumble in the Jungle, a boxing match between Muhammad Ali and George Foreman in Zaire. Events January–February ...
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American Civil Liberties Union Litigation
American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, people who self-identify their ancestry as "American" ** American English, the set of varieties of the English language native to the United States ** Native Americans in the United States, indigenous peoples of the United States * American, something of, from, or related to the Americas, also known as "America" ** Indigenous peoples of the Americas * American (word), for analysis and history of the meanings in various contexts Organizations * American Airlines, U.S.-based airline headquartered in Fort Worth, Texas * American Athletic Conference, an American college athletic conference * American Recordings (record label), a record label previously known as Def American * American University, in Washington, D.C. Sports teams Soccer * ...
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