Spence v. Washington , 94 S. Ct. 2727 ( 1974 )

Mr. Chief Justice Burger,

dissenting.

If the constitutional role of this Court were to strike, down unwise laws or restrict unwise application of some laws, I could agree with the result reached by the Court. That is not our function, however, and it should be left to each State and ultimately the common sense of its people to decide how the flag, as a symbol of national unity, should be protected.