Stromberg v. California
1931 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Stromberg v. California, 283 U.S. 359 (1931), was a landmark decision of the Supreme Court of the United States in which the Court held, 7–2, that a California statute banning red flags was unconstitutional because it violated the First and Fourteenth Amendments to the United States Constitution.[1] In the case, Yetta Stromberg was convicted for displaying a red flag daily in the youth camp for children at which she worked, and was charged in accordance with California law. Chief Justice Charles Hughes wrote for the seven-justice majority that the California statute was unconstitutional, and therefore Stromberg's conviction could not stand.[2]
Stromberg v. California | |
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Argued April 15, 1931 Decided May 18, 1931 | |
Full case name | Yetta Stromberg v. People of State of California |
Citations | 283 U.S. 359 (more) |
Case history | |
Prior | People v. Mintz, 106 Cal. App. 725, 290 P. 93 (Cal. Ct. App. 1930) |
Holding | |
States cannot infringe on the First Amendment right to freedom of speech and expression. | |
Court membership | |
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Case opinions | |
Majority | Hughes, joined by Holmes, Van Devanter, Brandeis, Sutherland, Stone, Roberts |
Dissent | McReynolds |
Dissent | Butler |
Laws applied | |
U.S. Const. amends. I, XIV; Cal. Penal Code § 403a (1929) |
This decision is considered a landmark in the history of First Amendment constitutional law, as it was one of the first cases where the Court extended the Fourteenth Amendment to include a protection of the substance of the First Amendment, in this case symbolic speech or "expressive conduct", from state infringement.[3]