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PEOPLE v. ST.

20 N.Y.2d 231 (1967)

The People of the State of New York, Respondent, v. Sidney Street, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1967.

Attorney(s) appearing for the Case

David T. Goldstick and John Somers for appellant.

Aaron E. Koota, District Attorney (Harry Brodbar of counsel), for respondent.

Peter M. Brown and Terence F. Gilheany for United States Flag Foundation, Inc., amicus curiæ.

Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL concur.

Chief Judge FULD.

We are called upon to decide whether the deliberate act of burning an American flag in public as a "protest" may be punished as a crime.

On June 6, 1966, after hearing on the radio that James Meredith, the civil rights leader, had been shot by a sniper in Mississippi while participating in a civil rights "march", the defendant — a decorated World War II veteran — decided...

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