stromberg people state california argued april decided may john beardsley los angeles appellant john richer los angeles people state california chief justice hughes delivered opinion appellant convicted superior san bernardino county california violation section penal code state section provides person displays red flag banner badge flag badge banner device color form whatever public place meeting place public assembly ahy house building window sign symbol emblem opposition organized government invitation stimulus anarchistic action aid propaganda seditious character guilty felony information first count charged appellant defendants time place set forth wilfully unlawfully feloniously display red flag banner public place meeting place sign symbol emblem opposition organized governmnent invitation stimulus anarchistic action aid propaganda seditious character information contained second count charging conspiracy need considered conviction count set aside state appellant alone convicted first count argument general demurrer information appellant contended permitted practice californi th statute invalid repugnant fourteenth amendment federal constitution demurrer overruled appellant pleaded guilty conviction followed motions new trial arrest judgment denied appeal district appeal judgment affirmed people mintz petition hearing california denied appeal taken granted order ed permitting appellant prosecute appeal forma pauperis purpose shortening record stipulation facts presented behalf appellant attorney general state appears appellant young woman nineteen citizen birth one supervisors summer camp children ten fifteen years age foothills san bernardino mountains appellant led children daily study teaching history economics things children taught solidarity workers theory workers world one blood brothers appellant member young communist league international organization affiliated communist party charge concerned daily ceremony camp appellant supervised directed children raising red flag reproduction flag soviet russia also flag communist party connection ritual children stood salute recited pledge allegiance workers red flag cause stands one aim throughout lives freedom working class stipulation shows library maintained camp containing large number books papers pamphlets including much radical communist propaganda specimens quoted opinion state quotations abundantly demonstrated books pamphlets contained incitements violence uprisings teaching indispensability desperate bloody destructive war immediate task coming action appellant admitted ownership number books bore name appears stipulation none books pamphlets used teaching camp respect conduct appellant stipulation contains following statement appellant however none literature library particularly none exhibits containing radical communist propaganda way brought attention child person word violence anarchism sedition employed teaching children evidence contrary charge information purposes flag raised laid conjunctively uniting three purposes statute condemned instructions jury trial followed express terms statute treated described purposes disjunctively holding appellant convicted flag displayed one three purposes named instruction follows connection instructed jury believe beyond reasonable doubt defendants either displayed caused displayed red flag banner badge flag badge banner device color form whatever public place meeting place charged count one information believe evidence beyond reasonable doubt said flag badge banner device displayed caused displayed sign symbol emblm opposition organized government invitation stimulus anarchistic action aid propaganda seditious character find defendants guilty charged count one information connection instructed believe red flag herein described displayed either places mentioned said information necessary prosecution prove beyond reasonable doubt said flag displayed one three purposes mentioned information words prosecution prove beyond reasonable doubt red flag herein described displayed place either said places purposes objects alleged said information necessary prosecution prove beyond reasonable doubt said flag displayed one three purposes alleged said information necessary evidence show beyond reasonable doubt said red flag displayed three purposes charged said information proof beyond reasonable doubt one three purposes alleged said information sufficient justify verdict guilty count one said information appellant district appeal accepted instruction correct waived claim error account appellant continued challenge constitutionality statute appeal entertained contention decided constitutional question district appeal three justices concurrence two justices necessary pronounce judgment cal art cal pp two opinions delivered one single justice another remaining two justices three justices concurred respect affirmance conviction appellant first count dissent relation proceedings reversal judgment second count conspiracy point question opinions make clear appellant insisted fourteenth amendment statute invalid unwarranted limitation right free speech trial treated three purposes statute disjunctively appellant accepted construction think fair interpretation contention related validity merely statute taken whole one three clauses separately relied upon state order obtain conviction concession interpretation statute emphasizes rather destroys contention opinion two concurring justices explicitly appellant argument phrase section penal code opposition organized government thus directing argument think properly said appellant agreed according terms statute conviction rest exclusively upon ground contending statute invalid extent applied left doubt construction placed state upon clauses statute first purpose described relating display flag banner sign symbol emblem opposition organized government discussed two concurring justices referring language quoted constitutional question raised appellant respect clause justices said opinion opposition organized government act prohibited section might forced agree appellant isa wo rd broad meaning defined follows act opposing resisting antagonism state opposite opposed antithesis also position confronting another placing contrast furnishes obstacle result stream flows without opposition political party opposed ministry administration often used adjectively opposition press might construed include peaceful orderly opposition government organized controlled one political party another political party equally high minded patriotic agree one power might also construed include peaceful orderly opposition government legal means within constitutional limitations progress depends new thought development original ideas change certain extent achieved opposition new old far within law peaceful opposition guaranteed people recognized symbol independent thought containing promise progress may permitted means political evolution revolution respect second purpose described statute display flag banner invitation stimulus anarchistic action concurring justices quoted accepted definitions judicial decisions meaning action authorities set forth approved opinion show clearly term regarded state referring overthrow force violence existing law order use violent felonious means destroy property human life conclusion thus stated therefore clear section penal code prohibits display red flag invitation stimulus anarchistic action prohibits acts settled meaning law land teaching allowed put force effect mean revolution dreaded form state gave interpretation third clause statute relation display flag banner aid propaganda seditious character opinions dealt meaning clause thus one opinion said counsel concedes sedition laws use force violence consistently upheld courts authorities cited support proposition defined stirring disorder state tending toward treason lacking overt act certainly force violence overturning government state falls within definition opinion takes similar view assuming local statute thus construed state referring advocacy force violence overthrow government find necessary purposes present case review historic controversy respect laws consider question validity statute dealing broadly vaguely termed seditious conduct without limiting interpretation either statute judicial construction reached conclusions meaning three clauses statute doubting constitutionality first clause state rested decision upon remaining clauses basis decision fully stated opinion two concurring justices constitutionality phrase section opposition organized government questionable phrase eliminated section without materially changing purposes section complete without eliminated ca upheld constitutional enactment legislature state california accordingly disregarding first clause statute upholding clauses conviction appellant sustained unable agree disposition case verdict appellant general one specify ground upon rested three purposes set forth statute jury instructed verdict might given respect one independently considered impossible say clause statute conviction obtained one clauses state held separable invalid determined upon record appellant convicted clause may added far merely academic proposition appears upon examination original record filed state attorney upon trial emphatically urged upon jury convict appellant first clause alone without regard clauses follows instead permissible hold state verdict sustained one clauses statute found valid necessary conclusion manner case sent jury clauses question invalid federal constitution conviction upheld thus brought question whether one three clauses construed state upon face repugnant federal constitution constitute lawful foundation criminal prosecution principles applied clearly set forth former decisions determined conception liberty due process clause fourteenth amendment embraces right free speech gitlow new york whitney california fiske kansas right absolute one state exercise police power may punish abuse freedom question state may thus vide punishment indulge utterances incite violence crime threaten overthrow organized government unlawful means constitutional immunity conduct abhorrent institutions gitlow new york supra whitney california supra reason doubt validity second third clauses statute construed state relate incitements violence question thus narrowed validity first clause respect display flag sign symbol emblem opposition organized government construction state placed upon clause removes every element doubt state recognized indefiniteness ambiguity clause considered might construed embracing conduct state constitutionally prohibit thus said clause construed include peaceful orderly opposition government organized controlled one political party another political party equally high minded patriotic agree one power might also construed include peaceful orderly opposition government legal means within constitutional limitations maintenance opportunity free political discussion end government may responsive people changes may obtained lawful means opportunity essential security republic fundamental principle constitutional system statute upon face authoritatively construed vague indefinite permit punishment fair use opportunity repugnant guaranty liberty contained fourteenth amendment first clause statute invalid upon face conviction appellant far record discloses may rested upon clause exclusively must set aside reason case must remanded proceedings inconsistent opinion facts may adduced proceedings necessary deal questions argued bar constitutional validity second third clauses statute simply upon face applied instant case consider conclusions fact warranted evidence either shown original record filed present appeal disclosed stipulation import parties agree judgment reversed separate opinion justice mcreynolds often announced scores perhaps hundreds times applied rule may pass upon question cause coming state record fails show determined duly presented determination federal matter ruled upon district appeals one submitted arose upon general demurrer information adequately set forth offense defendant punished without violating fourteenth amendment section penal code california provides person displays red flag banner badge flag badge banner device color form whatever public place meeting place public assembly house building window sign symbol emblem opposition ized government invitation stimulus anarchistic action aid propaganda seditious character guilty felony information charged plaintiff wilfully unlawfully feloniously display red flag banner public place meeting place sign symbol emblem opposition organized government invitation stimulus anarchistic action aid propaganda seditious character counsel definitely satisfied instructions jury correct waived claim error account accordingly decision requested upon question arising charge question decided instructions properly disregarded unimportant sole matter federal nature considered appeals claim provisions section penal code conflict fourteenth amendment held statute divisible petitioner stood charged violating inhibitions therein certainly good conviction upset even one paragraph invalid conclusion seems plainly right think challenged judgment affirmed justice butler dissenting decides far section declares crime display flag first purpose specified emblem opposition organized government section denies right free speech holds right included concept safeguarded state action due process clause fourteenth amendment sustains parts bidding public display flag invitation stimulus anarchistic action aid propaganda seditious character count convictionrest charges appellant displayed flag ways purposes denounced section assuming clauses section valid display flag purpose specified one sufficient warrant conviction holds first clause invalid finding judgment may rested upon clause exclusively sets aside conviction opinion record affirmatively shows appellant convicted violation first clause shortly prior trial case california held invalid city ordinance purporting make unlawful public display flag emblem organization espousing government people principles antagonistic constitution form government hartman cal decision california lower courts bound hold invalid first clause section construed peaceable opposition organized government record shows case us counsel trial decision mind instruction quoted relied opinion requested state attorney opinion construes instruction stood alone stand alone defendant attorney object except hand requested gave instructions nos follows instructed inhabitants individually collectively right advocate peaceable changes constitution laws form government although changes may based upon theories principles government antagonistic serve basis instructed constitution laws state organization peaceably advocating changes constitution laws form government although changes may based upon theories principles government antagonistic serve basis may adopt flag emblem signifying purpose organization display possession flag emblem made unlawful act effect three instructions referred definitely direct jury defendant right without limit advocate peaceable changes government constitution laws organization peaceably advocating changes government matter extent upon theories principles may adopt flag signifying purposes organization impossible make unlawful record fails show aside trial judge give jury instructions suggested defendant manner separately challenge trial validity first clause question raised demurrer information charged conjunctively three purposes disjunctively denounced section failure defendant counsel manner object except state instruction coupled statement district appeal people mintz satisfied instructions correct waived claim error account indubitably shows opinion giving defendant instructions quoted eliminated possibility viction display flag emblem peaceable opposition organized government defendant trial assail first clause contention shown opinion definitely waived stated page part section necessary considered passing upon questions raised appeal reads fllow person displays red flag meeting place aid propaganda seditious character guilty felony statement closely followed one showing defendant counsel satisfied instructions definite statements opinion agreed three judges constituting manner negatived impaired concurring opinion two judges pages first clause discussed concurring opinion purpose showing notwithstanding questionable validity rest section held valid clearly judges intend sustain conviction resting clause questioned opinion full substance say bearing follows page contention section penal code unconstitutional ground unwarranted limitation right free speech guaranteed people constitutions state california deserves serious consideration directs argument phrase section penal code opposition organized government opposition organized government act prohibited section might forced agree appellant pages discussion conclude second clause page therefore clear section penal code prohibits display red flag invitation stimulus anarchistic action prohibits acts settled meaning law land teaching allowed put force effect mean revolution dreaded form turning consideration third clause say section question also prohibits display red flag aid propaganda seditious nature discussion conclude page term word meanings law teaching sedition government long prohibited needs citation authorities summing second third clauses say page view provisions section penal code prohibition displaying red flag invitation stimulus anarchistic action aid propaganda seditious character certain proper constitutional legislative enactment contrary provisions either state federal constitutions guaranteeing freedom speech people refer first clause constitutionality phrase section opposition organized government questionable disclosing purpose reference say phrase eliminated section without materially changing purposes section complete without eliminated upheld constitutional enactment legislature state california opinion fair consideration opinions parts makes clear defendant claim charge jury might found guilty violating first clause section district appeal decide consider whether conviction clause lawfully validity first clause discussed concurring opinion upon question whether part section unconstitutional parts must also fail seems record called decide whether mere display flag emblem purpose whatever sort speech within meaning constitutinal protection speech press decide whether freedom part liberty protected fourteenth amendment whether anarchy certain follow successful organized government sufficient reason hold activities end outside protected cf prudential ins cheek gitlow new york whitney california fiske kansas opinion judgment affirmed