Defendant Spence displayed an inverted American flag from his apartment window during the days following the Cambodian incursion and Kent State tragedy in 1970. Affixed to the flag was a peace symbol, formed with black tape. The Washington Supreme Court sustained a conviction for violation of Washington State's "improper use" statute. On appeal to the Supreme Court, reversed. Held: The statute, as applied to defendant's conduct, impermissibly infringed expression protected by the first amendment. Spence v. Washington, 94 S. Ct. 2727 (1974).
Michael W. Hoge,
Constitutional Law—Flag Misuse and the First Amendment—Spence v. Washington, 94 S. Ct. 2727 (1974),
50 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol50/iss1/9