Kime Et Al. v. United States

Background

Two protesters, Teresa Kime and Donald Bonwell, burned a privately owned United States flag during a peaceful political demonstration on a public sidewalk in Greensboro, North Carolina, on March 27, 1980. They were charged under 18 U.S.C. §700 for "knowingly casting contempt" on the flag, tried before a magistrate, convicted by a jury, and sentenced to eight months' imprisonment each. The district court and Fourth Circuit affirmed, and the Supreme Court declined to review the case.

Reasoning

The central question is whether burning a flag as political protest is protected speech. Justice Brennan, dissenting from the denial, argued the act was expressive conduct and that §700 is content‑based because it requires intent to "cast contempt," which targets a particular message. He said the Government’s interest in preserving the flag’s symbolism is tied to expression and cannot justify the law. Brennan also faulted the trial court for barring evidence about the protesters’ purpose.

Real world impact

Because the Court refused review, the convictions and eight‑month sentences remain in effect while the constitutional question remains open. The decision allows federal enforcement of §700 for now and may deter protesters from using flag burning as political expression. The ruling is not a final determination on the statute’s constitutionality and could be revisited in a future case.

Dissents or concurrances

Justice Brennan would have granted review and reversed, reasoning that §700 is a content‑based censorship statute and that the lower courts ignored controlling First Amendment precedent and prevented the defendants from proving their intent.