c284:No. 23514

ROBB, Circuit Judge
(concurring):
As a criminal statute the Flag Desecration Act must be strictly construed; in particular, the word “defiling” must be narrowly defined. So construed, the word connotes only a physical mutilation, defacement or defilement of the flag.
It is apparent from the record that Hoffman set out to deride a congressional committee. To this end he played the part of a buffoon, using a yo-yo and a replica of the flag as properties for his act. In my opinion he did not treat the flag with proper respect but I cannot say that his conduct was covered by the narrow terms of the statute. Accordingly, I concur in the reversal.

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