Flamin Country Joe
In 1992, an antiwar activist, Country Joe, violated a Georgia statute by acting out a skit that urged people to refuse to fight in the Persian Gulf war, overthrow the government and form a socialist regime. He then burned a military uniform in opposition to the war, and was arrested for his actions. This paper will examine the Georgia statute that Country Joe violated and address the constitutionality of that law. 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
" At issue here was the improper use of the American flag. 397 (1989) using Country Joe, Georgia and uniform in place of Johnson, Texas and flag. Georgia's statute reads that wearing ". an unconstitutional abridgement of the freedom of speech. C S702 facially unconstitutional because it allowed an actor who wore a military uniform the right to praise the military and its actions, but denied the person the right to discredit the military or its actions in any way. " Again, this clause, like the flag cases, is unconstitutional. Pols 4131, Freedom of Expression Hypothetical; Bill Thomas Quoted from Texas v. The Supreme Court held that Johnson's action did constitute expressive conduct.
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Acceptance Essays
