This section contains the nature of the case and procedural background.

D was displeased with taxes and as a form of peaceful protest put a clothesline filled with old clothes and rags in their front yard. A clothesline was added for each of the next five years. In August of 1961, the city enacted an ordinance that prohibited the use of clotheslines in the front of side of a residence. An exception was granted by permit for hardship or difficulty in obeying the ordinance. D applied for a permit and was denied. D was told to remove the clotheslines, and they were not removed. D was tried and convicted. D appealed.

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