Slocum v. The Fire and Police Commission of the City of East Peoria
Description
"There can be no doubt but that the flag is symbolic speech and by its very nature is communicative of ideas, goals and beliefs. Within the ambit of freedom of speech protected by the first amendment compulsory speech or expression of belief is just as proscribed as the prohibition or repression of speech."
A complaint was filed with the commission alleging that the patrolman refused to obey an acting sergeant's verbal order and the chief of police's written order that he wear an American flag emblem on the sleeve of his uniform. The commission suspended the patrolman, finding that he had willfully obeyed a departmental order and an order of superior officer. The trial court affirmed the suspension. The patrolman appealed, claiming, among other things, that the orders constituted a violation of his First Amendment rights, that the orders were vague, that he was denied a fair hearing, and that the evidence was insufficient was sustain his suspension. The court affirmed, holding (1) the municipality could require the patrolmen to wear a flag emblem on his uniform because the municipality had the authority to set standards for the uniforms of the police force, and the flag display promoted the important governmental interest of encouraging and developing a sense of loyalty to the nation, (2) the record established that the patrolman understood the orders, and (3) the evidence was sufficient to sustain the suspension.
A complaint was filed with the commission alleging that the patrolman refused to obey an acting sergeant's verbal order and the chief of police's written order that he wear an American flag emblem on the sleeve of his uniform. The commission suspended the patrolman, finding that he had willfully obeyed a departmental order and an order of superior officer. The trial court affirmed the suspension. The patrolman appealed, claiming, among other things, that the orders constituted a violation of his First Amendment rights, that the orders were vague, that he was denied a fair hearing, and that the evidence was insufficient was sustain his suspension. The court affirmed, holding (1) the municipality could require the patrolmen to wear a flag emblem on his uniform because the municipality had the authority to set standards for the uniforms of the police force, and the flag display promoted the important governmental interest of encouraging and developing a sense of loyalty to the nation, (2) the record established that the patrolman understood the orders, and (3) the evidence was sufficient to sustain the suspension.
Date
1972-11-16
Type
Court Case
Source
Woodrow Slocum, PlaintiffAppellant, v. The Fire and Police Commission of the City of East Peoria, Defendant Appellee, 1 7 (Appellate Court of Illinois, Third District November 16, 1972)