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First Amendment Library:
John Beardsley


Yetta Stromberg was convicted of a California statute that criminalized displaying a red flag in any public place “as a sign, symbol or emblem of opposition to organized government or as an invitation or stimulus to anarchistic action or as an aid to propaganda that is of a seditious character.” The statute made the crime a felony. The trial court held that Stromberg should be convicted if Stromberg displayed the flag for any of the reasons specified in the statute. The California District Court of Appeals affirmed the conviction. Stromberg challenged the statute on Fourteenth Amendment grounds.