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One cannot equate "serious offense" with incitement to breach the peace.

The use of an emblem or flag to symbolize some system, idea, institution, or personality, is a shortcut from mind to mind.

624 (1943), suggested that furthering this interest by curtailing speech was impermissible.He did, however, accept an American flag handed to him by a fellow protestor who had taken it from a flagpole outside one of the targeted buildings.Though the asset at stake in this case is intangible, given its unique value, the same interest supports a prohibition on the desecration of the American flag.While we have rejected the view that an apparently limitless variety of conduct can be labeled "speech" whenever the person engaging in the conduct intends thereby to express an idea, at 409.That we have had little difficulty identifying an expressive element in conduct relating to flags should not be surprising.

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