Parties: Stromberg v. California
Date: 1931-05-18
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Paragraph: 44 - 'As we view the provisions of section 403a of the Penal Code, its prohibition of displaying a red flag 'as an invitation or stimulus to anarchistic action or as an aid to propaganda that is of a seditious character' is certain, and a proper and constitutional and legislative enactment. It is not contrary to the provisions of either the state or federal Constitutions guaranteeing freedom of speech to our people.'
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Paragraph: 30 - The Court decides that, in so far as section 403a declares it a crime to display a flag for the first purpose specified, 'as (an) emblem of opposition to organized government,' the section denies right of free speech, and the court holds that right to be included in the concept of 'liberty' safeguarded against state action by the due process clause of the Fourteenth Amendment. It sustains the parts forbidding the public display of a flag 'as an invitation or stimulus to anarchistic action or as an aid to propaganda that is of a seditious character.' The count on which the convictionrest § charges that the appellant displayed a flag in ways and for all the purposes denounced by the section. Assuming all the clauses of the section to be valid, the display of a flag for the purpose specified in any one of them would be sufficient to warrant conviction. The Court holds the first clause invalid and, finding that the judgment may have rested upon that clause exclusively, sets aside the conviction.
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Paragraph: 19 - The principles to be applied have been clearly set forth in our former decisions. It has been determined that the conception of liberty under the due process clause of the Fourteenth Amendment embraces the right of free speech. Gitlow v. New York, 268 U. S. 652, 666, 45 S. Ct. 625, 69 L. Ed. 1138; Whitney v. California, 274 U. S. 357, 362, 371, 373, 47 S. Ct. 641, 71 L. Ed. 1095; Fiske v. Kansas, 274 U. S. 380, 382, 47 S. Ct. 655, 71 L. Ed. 1108. The right is not an absolute one, and the State in the exercise of its police power may punish the abuse of this freedom. There is no question but that the State may thus provide for the punishment of those who indulge in utterances which incite to violence and crime and threaten the overthrow of organized government by unlawful means. There is no constitutional immunity for such conduct abhorrent to our institutions.
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Paragraph: 30 - The Court decides that, in so far as section 403a declares it a crime to display a flag for the first purpose specified, 'as (an) emblem of opposition to organized government,' the section denies right of free speech, and the court holds that right to be included in the concept of 'liberty' safeguarded against state action by the due process clause of the Fourteenth Amendment. It sustains the parts forbidding the public display of a flag 'as an invitation or stimulus to anarchistic action or as an aid to propaganda that is of a seditious character.' The count on which the convictionrest § charges that the appellant displayed a flag in ways and for all the purposes denounced by the section. Assuming all the clauses of the section to be valid, the display of a flag for the purpose specified in any one of them would be sufficient to warrant conviction. The Court holds the first clause invalid and, finding that the judgment may have rested upon that clause exclusively, sets aside the conviction.
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