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''Stromberg v. California'', 283 U.S. 359 (1931) was a United States Supreme Court case in which the Court ruled 7–2 that a 1919 California statute banning red flags was unconstitutional because it violated the First and Fourteenth Amendments to the United States Constitution. This decision is considered a landmark in the history of First Amendment constitutional law, as it was one of the first cases where the Court extended the Fourteenth Amendment to include a protection of the substance of the First Amendment, in this case symbolic speech or "expressive conduct", from state infringement. Better American Federation (BAF), a group whose goal was to clear the State of California from what they deemed to be dangerous dissent, targeted the Pioneer Summer Camp (PSC) in the summer of 1929. The youth camp for working-class children was maintained by a number of different groups and organizations, some of which were either openly Communist or had expressed sympathy for the Communist Party's goals. California had a state law, enacted in 1919, that prohibited public display of a red flag.〔1919 California Penal Code, § 403a: "Any person who displays a red flag, banner or badge or any flag, badge, banner, or device of any color or form whatever in any public place or in any meeting place or public assembly, or from or on any house, building or window as a sign, symbol or emblem of opposition to organized government or as an invitation or stimulus to anarchistic action or as an aid to propaganda that is of a seditious character is guilty of a felony."〕 The BAF persuaded a local sheriff to search the Pioneer Summer Camp. The resultant search turned up a red flag; the sheriff then arrested Yetta Stromberg, a summer teacher at the camp, along with several other employees. Stromberg was a nineteen-year-old member of the Young Communist League, an international organization affiliated with the Communist Party. In the state trials, the charge brought up against her was in relation to a daily ceremony that took place at the camp where she worked as a teacher. During the ceremony, Stromberg supervised and directed the youth in raising a red flag, and in pledging allegiance to “the workers’ red flag, and to the cause for which it stands, one aim throughout our lives, freedom for the working class.” Stromberg was also found to have owned a number of books and other printed materials advocating violence and armed uprisings, though she testified that none of such materials were employed in her teaching of the children. Stromberg was tried and convicted in state court. She appealed the conviction to the Supreme Court on the grounds that the California statute in question outlawed the symbol of a legally recognized party. Stromberg's attorneys cited Holmes' concept of the "Clear and present danger" test,〔See ''Schenck v. United States'', .〕 asserting that the circumstances of the act must be considered as part of the decision. ==U.S. Supreme Court proceedings== The Court had to consider whether the 1919 California Red Flag Law was unconstitutional under the Fourteenth Amendment. In a 7–2 decision, Chief Justice Hughes followed the logic of the Holmes doctrine introduced in ''Schenck'', and concluded on 18 May 1931 that the broad red flag ban was too vague, and could be used to disrupt the constitutionally-protected opposition by citizenry to those in power. The California legislature repealed the law in 1933. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Stromberg v. California」の詳細全文を読む スポンサード リンク
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