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PARKER v. MORGAN

No. 2694.

322 F.Supp. 585 (1971)

Charles Bruce PARKER and James Robert Berg, Plaintiffs, v. Robert MORGAN, Jerry Whitley, John Whitley and Robert M. Blackburn, Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

Decided January 22, 1971.

Attorney(s) appearing for the Case

George S. Daly, Jr., Joseph H. Tieger, Charlotte, N. C., for plaintiffs.

Robert Morgan, N. C. Atty. Gen., James F. Bullock, Deputy Atty. Gen., James L. Blackburn, and William Lewis Sauls, Staff Attys., Raleigh, N. C., for defendants.

Before CRAVEN, Circuit Judge, and JONES and McMILLAN, District Judges.

CRAVEN, Circuit Judge:

This is a suit brought to test the constitutionality of one of North Carolina's miscellaneous police regulations, codified as N.C.G.S. § 14-381, and entitled "Desecration of State and National flag". The statute is printed in the margin.1 Enacted in 1917 during a period of national chauvinistic fervor, it is an uncommonly bad statute. Despite our respect, and indeed...

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