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  • Stromberg v. California
  • I think the law violates the First Amendment as applied to the states by the Fourteenth Amendment. 
  • I overrule, and I will have to convict you
  • Charles E. Hughes
  • 7-2 majority: reversed the conviction because the first reason for prohibiting display of a red flag—“as a sign, symbol, or emblem of opposition to organized government"
  • Justice James C. McReynolds
  • Stromberg’s conviction should stand because the jury convicted her under valid parts of the California law
  • Ruling:Stromberg’s convic- tion had to be overturned, because the general verdict did not allow the Court to know which clause of the California statute she had been convicted of violating.
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