Spence v. Washington
1974 United States Supreme Court case / From Wikipedia, the free encyclopedia
"Spence test" redirects here. Not to be confused with Wolfe–Spence tests.
Spence v. Washington, 418 U.S. 405 (1974), was a United States Supreme Court case dealing with non-verbal free speech and its protections under the First Amendment. The Court, in a per curiam decision, ruled that a Washington state law that banned the display of the American flag adorned with additional decorations was unconstitutional as it violated protected speech. The case established the Spence test that has been used by the judicial system to determine when non-verbal speech may be sufficiently expressive for First Amendment protections.
Quick Facts Spence v. Washington, Argued January 9, 1974 Decided June 25, 1974 ...
Spence v. Washington | |
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Argued January 9, 1974 Decided June 25, 1974 | |
Full case name | Harold Omond Spence v. Washington |
Citations | 418 U.S. 405 (more) |
Case history | |
Prior | Appellant convicted sub nom. State v. Spence; conviction reversed, 5 Wash. App. 752, 490 P.2d 1321 (1971); reversed, 81 Wash. 2d 788, 506 P.2d 293 (1973); probable jurisdiction noted, 414 U.S. 815 (1973) |
Holding | |
A Washington state statute forbidding displaying the American flag affixed with decorations, as applied to appellant's activity, impermissibly infringed a form of protected expression. | |
Court membership | |
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Case opinions | |
Per curiam | |
Concurrence | Blackmun |
Concurrence | Douglas |
Dissent | Burger |
Dissent | Rehnquist, joined by Burger, White |
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