ROYAL v. SUPERIOR COURT OF N. H., ROCKINGHAM COUNTY

No. 75-1260.

531 F.2d 1084 (1976)

Walter C. ROYAL, Petitioner-Appellant, v. SUPERIOR COURT OF NEW HAMPSHIRE, ROCKINGHAM COUNTY, Respondent-Appellee.

United States Court of Appeals, First Circuit.

Decided March 12, 1976.


Attorney(s) appearing for the Case

Richard S. Kohn, Washington, D.C., with whom Anthony McManus, Dover, N.H., were on brief for petitioner-appellant.

Edward N. Damon, Concord, N.H., with whom Warren B. Rudman, Atty. Gen., and Robert V. Johnson, II, Asst. Atty. Gen., Chief, Crim. Div., Concord, N.H., were on brief for respondent-appellee.

Before ALDRICH, McENTEE and CAMPBELL, Circuit Judges.


LEVIN H. CAMPBELL, Circuit Judge.

Walter C. Royal was arrested nearly six years ago while wearing upside down upon his sleeve a small American flag that was partly covered by another patch. He was convicted under New Hampshire's then flag desecration statute, N.H.Rev.Stats.Ann. ch. 573:4 (1955).1 These events took place at a time when the flag was "`an object of youth fashion and high camp'", Smith v. Goguen, 415...

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