CL.11 - Spence v. Washington A college student was...

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Spence v. Washington A college student was prosecuted for publicly displaying an American flag to which he had attached large peace symbols Place or cause to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon any flag, State law The flag was private property, it was displayed on private property, the display did not risk any breach of peace (and no purpose and intent for it), and finally even the state admitted that Spence was “engaged in a form of communication.” No risk that people would think the government was endorsing Spence’s message, that was the state interest of its law Spence Test One and two are communication, third is perception 1. Nature of the activity 2. Particularized message 3. Factual context- Looks at how onlooker would perceive it Rehnquist dissent It is the character, not the cloth, of the flag which the State seeks to protect United States v. O'Brien
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CL.11 - Spence v. Washington A college student was...

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