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FLAG PROFANATION AND THE LAW

NCJ Number
7539
Journal
Kentucky Law Journal Volume: 60 Issue: 4 Dated: (1971-72) Pages: 885-930
Author(s)
E V MITTLEBEELER
Date Published
1972
Length
46 pages
Annotation
REVIEW OF ENGLISH, NATIONAL AND STATE LEGISLATION PROHIBITING CERTAIN USES OF THE U.S. FLAG, AND DISCUSSION OF FLAG PROFANATION AS CONSTITUTIONALLY PROTECTED SPEECH.
Abstract
THE FIRST AMERICAN STATUTES RESTRICTING THE USES TO WHICH AN AMERICAN FLAG COULD BE PUT WERE PRIMARILY AIMED AT ITS USE IN ADVERTISING. RECENT PROTESTS AGAINST GOVERNMENTAL POLICIES HAVE INVOLVED BOTH THE SYMBOLIC AND ACTUAL DESECRATION OF THE FLAG. THE AUTHOR NOTES THAT THE SUPREME COURT HAS NOT YET RULED ON HOW MUCH OF THIS ACTIVITY IS EQUIVALENT TO SPEECH AND THUS A PROTECTED FORM OF EXPRESSION.

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