Smith v. Goguen

Smith v. Goguen
Argued November 12–13, 1973
Decided March 25, 1974
Full case nameSmith v. Goguen
Citations415 U.S. 566 (more)
94 S. Ct. 1242; 39 L. Ed. 2d 605; 1974 U.S. LEXIS 113
Case history
PriorAppeal from the United States Court of Appeals for the First Circuit
Holding
Flag desecration laws that prohibit "contemptuous" treatment of the flag are overly broad.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
Case opinions
MajorityPowell, joined by Douglas, Brennan, Stewart, Marshall
ConcurrenceWhite
DissentBlackmun, joined by Burger
DissentRehnquist, joined by Burger
Laws applied
U.S. Const. amends. I, XIV

Smith v. Goguen, 415 U.S. 566 (1974), is a United States Supreme Court case in which the Court held that flag desecration laws that prohibit "contemptuous" treatment of the flag are overly broad.


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