HOME > First Amendment Library > Case   Stromberg v. California (Docket #: 584) (1931)  [Findlaw] Secondary Link Stromberg v. California  [Legal Information Institute] Argument Date 04/15/1931 Decided 5/18/1931 Supreme Court Vote 7-2 Note This was the first case in which the Supreme Court struck down a state law under the First Amendment as applied to the states by way of the Fourteenth Amendment. The law in question was repealed by the California legislature in 1933. Supreme Court Ruling First Amendment claim sustained.   Issue Does a California statute that makes the display of a red flag as a statement of 'opposition to organized government' violate the First & Fourteenth Amendments?   Case Summary & Additional Resources Majority Opinion Hughes, C.J. Dissenting Opinion Butler, J., & McReynolds, J. (separate opinions) Lower Court California Court of Appeals Lower Court Ruling First Amendment claim denied Lawyers For Petitioner John Beardsley, of Los Angeles, California For Respondent John D. Richer, of Los Angeles, California News Stories & Commentary New York Times, "Frees Convicted Red Girl," May 19, 1931, p. 5 New York Times, "Mr. Hughes the Chief Justice Emerges," June 28, 1931, Sunday Magazine, p. 2 New York Times, "Red Case in Highest Court," March 29, 1931, p. 3 Washington Post, "Flag Case Taken to Highest Court," March 29, 1931, sect. M, p. 15 Opinion - Lower Court People v. Mintz, 290 P. 93 (Cal. App., 1930) Other Chafee, Zechariah, FREE SPEECH IN THE UNITED STATES (1948), pp. 362-366 Emerson, Thomas, THE SYSTEM OF FREEDOM OF EXPRESSION (1970), pp. 80-81 Foster, "The 1931 Personal Liberty Cases," 9 New York University Law Quarterly Review 64 Gossett, John S., "Stromberg v. California," in FREE SPEECH ON TRIAL (2003), Richard A. Parker, ed., pp. 52-68 Note, "The Bill of Rights and the Fourteenth Amendment," 31 Columbia Law Review 468 (1932) Sharp, Malcom, "Movement in Supreme Court Adjudication, etc." 46 Harvard Law Review 361 (1933) Smolla, Rodney, SMOLLA & NIMMER ON FREEDOM OF SPEECH (1994), sect. 5.01[1]  SEARCH MORE About this site About the First Amendment About the First Amendment Center How to contribute Video/RSS/podcasts First Amendment programs State of the First Amendment reports Religious liberty in public schools First Reports Supreme Court Columnists Experts First Amendment publications 1 for All First Amendment Center history Glossary Freedom Sings™ Events Congressional Research Service reports Guest editorials The First Amendment Library Lesson plans freedomforum.org Newseum Contact us Privacy statement Related links

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