''Smith v. Goguen'', 415 U.S. 566 (1974), is a
United States Supreme Court
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 o ...
case in which the Court held that
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 ...
laws that prohibit "contemptuous" treatment of the flag are overly broad.
Background
Goguen, a teenager from
Massachusetts
Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' En ...
, 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 overturned his conviction. Massachusetts appealed to the US Supreme Court.
Opinion of the Court
The Supreme Court, in a 6 to 3 decision, sided with Goguen, and ruled that the statute was too vague. The Court partially relied on prior decisions which prohibited states from compelling people to salute the flag: "neither the United States nor any State may require any individual to salute or express favorable attitudes toward the flag."
See also
* ''
West Virginia Board of Education v. Barnette'', 319 U.S. 624 (1943)
* ''
Stromberg v. California'', 283 U.S. 359 (1931)
External links
*
{{US1stAmendment
1974 in United States case law
American Civil Liberties Union litigation
United States Supreme Court cases
United States Supreme Court cases of the Burger Court
Flag controversies in the United States