Flamin Country Joe

The Georgia statute under which Country Joe was arrested made it a crime “to wear the uniform of the armed forces of the United States in any way that brings discredit upon that armed force. Further, the uniform may not be used in any way that advocates the overthrow of the government of the United States by force. Further, the uniform may not be defaced, mutilated or treated in a contemptuous manner.” The question in this case is not whether Country Joe violated the Georgia statute, but whether the law is constitutional.

Following the standards set forth in Texas v. Johnson, we must first establish that Country Joe’s actions constituted expressive conduct. Next, if his conduct was expressive, we must decide whether the state statute is related to suppression of free speech. If the statute

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” At issue here was the improper use of the American flag. ” Again, this clause, like the flag cases, is unconstitutional.

Now that we have decided that Country Joe’s expression was protected, we must next decide if Georgia’s statute is related to the suppression of free speech. The Supreme Court, using the “Clear and Probable Danger Test,” found it within Congress’s power to protect the Government of the United States from armed rebellion. United States, the Supreme Court found Title 18 U. New York, the Court wrote that “it is firmly settled that under our Constitution the public expression of ideas may not be prohibited merely because the ideas are themselves offensive to some of their hearers. Country Joe used speech and nonspeech elements to convey his message.

Bibliography

Pols 4131, Freedom of Expression Hypothetical; Bill Thomas

Texas v. Military uniforms can be privately purchased at uniform shops, Army and Navy surplus stores and many other retail facilities around the world.

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Approximate Word count = 2169
Approximate Pages = 9 (250 words per page double spaced)

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