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THOMS v. SMITH

Civ. No. 14246.

334 F.Supp. 1203 (1971)

William P. THOMS, on behalf of himself and all those similarly situated v. Allan SMITH, Assistant Prosecuting Attorney of the Fourteenth Circuit Court of the State of Connecticut, et al.

United States District Court, D. Connecticut.

November 9, 1971.

Attorney(s) appearing for the Case

John M. Fitzgerald, Corp. Counsel, Hartford, Conn., for Thomas Vaughan, Chief of Police.

Steven H. St. Clair, Connecticut Civil Liberties Union, Hartford, Conn., for plaintiff; Joseph D. Harbaugh, Connecticut Civil Liberties Union, West Hartford, Conn., William R. Breetz, Jr., Cooperating Atty., Connecticut Civil Liberties Union, Hartford, Conn., of counsel.

John F. Shea, Jr., Thomas R. O'Marra, Manchester, Conn., for Chief Reardon and Chief Kjellquist.

Robert Y. Pelgrift, Corp. Counsel, West Hartford, Conn., for Chief Wm. P. Rush.

John F. Mulcahy, Jr., New Haven, Conn., for Richard P. Heffernan.

Before SMITH, Circuit Judge, and BLUMENFELD and CLARIE, District Judges.

MEMORANDUM OF DECISION

BLUMENFELD, District Judge:

Plaintiff Thoms is opposed to what he deems to be "prevailing American values and/or governmental policies." He alleges a desire to express that opposition by publicly and peaceably defacing the American flag, or by displaying a distorted image of it. His desire is chilled, however, by Conn.Gen.Stats. § 53-255,1 which makes "misuse of the flag" a criminal offense. By this...

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