In Radich v. New York, the U.S Supreme Court upheld a conviction for flag desecration under New York law in 1970. The defendant, Peter Radich, was convicted of violating a state statute that prohibited publicly mutilating or treating contemptuously the American flag. He had displayed an upside-down flag with peace symbols sewn onto it as part of an anti-war protest during the Vietnam War era. In his defense, he argued that this act constituted symbolic speech protected by the First Amendment to the United States Constitution. However, on appeal to higher courts including ultimately to the Supreme Court which refused certiorari (meaning they declined further review), these convictions were affirmed and thus stood as valid law enforcement against him personally despite his constitutional challenge arguments about free speech rights being violated by such laws against public disrespect shown towards national flags via their physical alteration or destruction.

In the dissenting opinion for Radich v. New York, the justice argued that the majority's decision to uphold a conviction under a state law prohibiting flag desecration was inconsistent with previous Supreme Court rulings on freedom of speech. The justice contended that this case should have been treated as an issue of symbolic speech protected by the First Amendment, similar to past cases involving picketing and wearing armbands in protest. They further asserted that there was no compelling government interest justifying restriction of such expression, particularly given its political nature - one of the core areas where free speech protections are most vital. Additionally, they criticized the majority's reliance on public offense taken at flag desecration as grounds for upholding restrictions on it; arguing instead that constitutional rights cannot be overridden simply because their exercise is unpopular or offensive to some people.