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Abbie Hoffman — Part 7
Page 49
49 / 102
NY 100-161445
: "IContemptuous Conduct' Cited
"tSurely the government has a substantial, genuine
and important interest in protecting the flag from public
desecration by contemptuous conduct,' Hood wrote in a
five-page opinion.
"tWwe find the statute to.be a reasonable
regulation . . . and it does not unnecessarily impinge
on @ citizen's right to protest.'
"Calling the ruling ‘really shocking,’ Lefcourt
said the case would be taken to the U.S. Court of
Appeals and, if it isn't overturned there, to the Supreme:
Court.
"Hoffman, 31, was arrested when he appeared to
testify on his protest activities at the 1968 Democratic
National Convention.
“Gonvicted Nov. 20
"On Nov. 20, the late Judge Andrew J. Howard Jr.
of the Court of General Sessions found Hoffman guilty and —
sentenced him to 30 days in jail or a $100 fine.
"Before the D.C. Appeals Court, Lefcourt argued
that desecrating the American flag is ‘classic protest'
and should be legally permitted as free speech. Hoffman's
actions were ‘symbolic speech,’ he said. .
"twe disagree,' Hood said in the opinion. ‘The First
Amendment protects freedom of speech and not freedom of
conduct. '"
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