Spence v. Washington

Spence v. Washington, 418 U.S. 405 (1974), is a landmark decision of the United States Supreme Court.

Harold Spence displayed a U.S. flag with a peace symbol attached, outside his apartment window to protest the Cambodia invasion and the Kent State shootings. He was convicted under a Washington law prohibiting the display of a flag with attachments. Spence argued that his flag display was protected symbolic speech.

Significance

The per curiam opinion reversed the conviction. The Court held that Spence’s flag display was protected symbolic speech because (1) there was an intent to convey a particularized message, and (2) the likelihood was great that the message would be understood by those who viewed it. The state’s interest in preserving the flag as a symbol of national unity was not sufficiently substantial to justify the conviction. The decision recognized flag display as a form of political expression protected by the First Amendment.

Category

US Federal Case Law