In re Perlman

On May 8, 1970, while driving on Interstate Highway 5 in Tehama County, petitioner displayed, in open view on the rear of his automobile, a sign or poster two feet long and eight inches high, white in color with blue lettering reading “Fuck War.”

He was cited by a state traffic officer for violation of Penal Code section 311.2, subdivision (a) (exhibiting “obscene matter” to others). Convicted thereof by the justice court sitting without a jury, he was sentenced to 30 days in jail. After serving approximately two weeks of that sentence, he was released on bail pending appeal.

The judgment was affirmed in an unpublished opinion by the superior court, which denied certification to this court. On petitioner’s application to this court for a writ of habeas corpus (see, In re Wallace (1970) 3 Cal.3d 289, 292 [ 90 Cal.Rptr. 176 , 475 P.2d 208 ]), we issued an order to show cause, stayed further proceedings in the justice court, and ordered that petitioner remain free on bail pending our further order.

It is unnecessary for us to elaborate upon petitioner’s claim that his display of the sign was protected by the First Amendment of the United States Constitution, since we find…