In May 1970, 23-year-old Harold Spence taped a peace sign to an American flag and hung it outside his University District apartment to protest the US invasion of Cambodia and the Kent State killings. Spence was arrested and convicted at trial for improperly displaying the flag. Spence eventually petitioned the Supreme Court, which heard the case in January 1974. The Court determined that, in some cases, non-verbal expression fell within the scope of First Amendment protections if it passed a two-part test: that it was intended to communicate a particular message, and that its message was likely to be understood by viewers. This test became known as the "Spence Test."

Here, shortly after the Supreme Court decision in his favor, Harold Spence holds a photograph of his peace symbol flag. At the time, the flag was still in the custody of the Seattle police department.

Caption information source: "4 years later: Seattle man wins flag battle" by Steve Johnston, Seattle Post-Intelligencer, June 28, 1974, p. C16