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(C) EFFECTIVE PERIOD OF TEMPORARY ORDER.--Any order issued under subparagraph (A) shall become effective not earlier than 10 days from the date of service upon the institution and, unless set aside, limited, or suspended by a court in proceedings authorized hereunder, such temporary order shall remain effective and enforceable until an order of the Board under paragraph (3) becomes final or until the Corporation dismisses the proceedings under paragraph (3). 14), effective October 15, 1982; section 201 of title II, and sections 901(d) and 926 of title IX of the Act of August 9, 1989 (Pub. Nothing in this subsection or in subsection (c) of this section shall authorize any Federal banking agency, other than the Board of Governors of the Federal Reserve System, to issue a notice of charges or cease-and-desist order against a bank holding company or any subsidiary thereof (other than a bank or subsidiary of that bank) or against a savings and loan holding company or any subsidiary thereof (other than a depository institution or a subsidiary of such depository institution). (D) JUDICIAL REVIEW.--Before the close of the 10-day period beginning on the date any temporary order has been served upon an insured depository institution under subparagraph (A), such institution may apply to the United States District Court for the District of Columbia, or the United States district court for the judicial district in which the home office of the institution is located, for an injunction setting aside, limiting, or suspending the enforcement, operation, or effectiveness of such order, and such court shall have jurisdiction to issue such injunction. (4) This subsection, and subsections (c) through (s) and subsection (u) of this section, and section 50 of the Act shall apply to any foreign bank or company to which subsection (a) of section 8 of the International Banking Act of 1978 applies and to any subsidiary (other than a bank) of any such foreign bank or company in the same manner as they apply to a bank holding company and any subsidiary thereof (other than a bank) under paragraph (3) of this subsection. 624), effective September 17, 1978; sections 107(a)(1) and 107(b) of title I of the Act of November 10, 1978 (Pub. Many historical events, such as detailed in the Timeline of Wars, occurred during times of crisis or evolution or change.
(4) APPEARANCE; CONSENT TO TERMINATION.--Unless the depository institution shall appear at the hearing by a duly authorized representative, it shall be deemed to have consented to the termination of its status as an insured depository institution and termination of such status thereupon may be ordered. 2409), effective December 17, 1993; section 602(a)(13) of title VI of the Act of September 23, 1994 (Pub. (B) EFFECTIVE PERIOD OF TEMPORARY ORDER--A temporary order issued under subparagraph (A) shall remain effective and enforceable, pending the completion of an administrative proceeding pursuant to subsection (b)(1) in connection with the notice of charges-- (i) until such time as the Corporation or other appropriate Federal banking agency dismisses the charges specified in such notice; or (ii) if a cease-and-desist order is issued against such person, until the effective date of such order. (B) EXCEPTION IF AGENCY PROVIDES WRITTEN CONSENT.--If, on or after the date an order is issued under this subsection which removes or suspends from office any institution-affiliated party or prohibits such party from participating in the conduct of the affairs of an insured depository institution, such party receives the written consent of-- (i) the agency that issued such order; and (ii) the appropriate Federal financial institutions regulatory agency of the institution described in any clause of subparagraph (A) with respect to which such party proposes to become an institution-affiliated party, subparagraph (A) shall, to the extent of such consent, cease to apply to such party with respect to the institution described in each written consent. (ii) APPROPRIATENESS OF PENALTY NOT REVIEWABLE.--In any civil action under clause (i), the validity and appropriateness of the penalty shall not be subject to review. 1523), effective October 15, 1982; section 1359(a)(2) of subtitle H of title I of the Act of October 27, 1986 (Pub.
Such notice shall be given to the appropriate Federal banking agency not less than 30 days before the notice required by subparagraph (B), except that this period for notice to the appropriate Federal banking agency may be reduced or eliminated with the agreement of such agency. (B) EFFECTIVE PERIOD.--Any temporary order issued under subsection (A)-- (i) shall become effective upon service; and (ii) unless set aside, limited, or suspended by a court in proceedings under paragraph (2), shall remain in effect and enforceable until the earlier of-- (I) the completion of the proceeding initiated under subsection (b)(1) in connection with the notice of charges; or (II) the date the appropriate Federal banking agency determines, by examination or otherwise, that the insured depository institution's books and records are accurate and reflect the financial condition of the depository institution. 3654), effective March 10, 1979; sections 901(b)(1)(B), 901(d), and 902(a)(2) of title IX of the Act of August 9, 1989 (Pub. (5) For the purpose of enforcing any law, rule, regulation, or cease-and-desist order in connection with an interlocking relationship, the term "officer" within the term "institution-affiliated party" as used in this subsection means an employee or officer with management functions, and the term "director" within the term "institution-affiliated party" as used in this subsection includes an advisory or honorary director, a trustee of a depository institution under the control of trustees, or any person who has a representative or nominee serving in any such capacity. 187, 447, 453, 454, and 457, respectively), effective August 9, 1989; section 1504(a)(1) of title XV of the Act of October 28, 1992 (Pub. Such notification shall contain a statement of the basis for the agency's decision, if adverse to such party. 3665), effective March 10, 1979; section 427(d)(3) of title IV of the Act of October 15, 1982 (Pub. (3) The commencement of proceedings for judicial review under paragraph (2) of this subsection shall not, unless specifically ordered by the court, operate as a stay of any order issued by the agency. 797), as added by section 202 of title II of the Act of October 16, 1966 (Pub. (G) MITIGATING FACTORS.--In determining the amount of any penalty imposed under subparagraph (A), (B), or (C), the appropriate agency shall take into account the appropriateness of the penalty with respect to-- (i) the size of financial resources and good faith of the insured depository institution or other person charged; (ii) the gravity of the violation; (iii) the history of previous violations; and (iv) such other matters as justice may require.
(B) NOTICE OF INTENTION TO TERMINATE INSURANCE.--If, after giving the notice required under subparagraph (A) with respect to an insured depository institution, the Board of Directors determines that any unsafe or unsound practice or condition or any violation specified in such notice requires the termination of the insured status of the insured depository institution, the Board shall-- (i) serve written notice to the insured depository institution of the Board's intention to terminate the insured status of the institution; (ii) provide the insured depository institution with a statement of the charges on the basis of which the determination to terminate such institution's insured status was made (or a copy of the notice under subparagraph (A)); and (iii) notify the insured depository institution of the date (not less than 30 days after notice under this subparagraph) and place for a hearing before the Board of Directors (or any person designated by the Board) with respect to the termination of the institution's insured status. 2289), effective September 23, 1994; section 3(a)(2)(A) of the Act of March 20, 1998 (Pub. (4) FALSE ADVERTISING OR MISUSE OF NAMES TO INDICATE INSURED STATUS-- (A) TEMPORARY ORDER-- (i) IN GENERAL--If a notice of charges served under subsection (b)(1) specifies on the basis of particular facts that any person engaged or is engaging in conduct described in section 1828(a)(4) of this title, the Corporation or other appropriate Federal banking agency may issue a temporary order requiring-- (I) the immediate cessation of any activity or practice described, which gave rise to the notice of charges; and (II) affirmative action to prevent any further, or to remedy any existing, violation. (6) PROHIBITION OF CERTAIN SPECIFIC ACTIVITIES.--Any person subject to an order issued under this subsection shall not-- (A) participate in any manner in the conduct of the affairs of any institution or agency specified in paragraph (7)(A); (B) solicit, procure, transfer, attempt to transfer, vote, or attempt to vote any proxy, consent, or authorization with respect to any voting rights in any institution described in subparagraph (A); (C) violate any voting agreement previously approved by the appropriate Federal banking agency; or (D) vote for a director, or serve or act as an institution-affiliated party. The Federal banking agencies are authorized to prescribe such rules as may be necessary to effectuate the purposes of this subsection. [Source: Section 2[8(h)] of the Act of September 21, 1950 (Pub. (H) HEARING.--The insured depository institution or other person against whom any penalty is assessed under this paragraph shall be afforded an agency hearing if such institution or person submits a request for such hearing within 20 days after the issuance of the notice of assessment. 3207--27), effective January 27, 1987; section 201(a)(1) of title II and sections 901(d), 905(a) and 907(a) of title IX of the Act of August 9, 1989 (Pub.
The actual flag from that battle hangs in the Maryland State House. 576) — The Supreme Court holds that New York could not convict a person based on his verbal remarks disparaging the flag. 94) — The Supreme Court holds that Massachusetts could not prosecute a person for wearing a small cloth replica of the flag on the seat of his pants based on a State law making it a crime to publicly treat the flag of the United States with "contempt." The Massachusetts statute was held to be unconstitutionally "void for vagueness."Spence v. The defendant had attached the tape to his flag and draped it outside of his window in protest of the U. Although not a flag burning case, this represented the first time the Court had clearly stated that protest involving the physical use of the flag should be seen as a form of protected expression under the First Amendment. This was the first time the Supreme Court had directly considered the applicability of the First Amendment to flag burning.
June 14 — Continental Congress adopts the following: Resolved: that the flag of the United States be thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field, representing a new constellation. In a now famous passage, Justice Jackson highlighted the importance of freedom of expression under the First Amendment: Freedom to differ is not limited to things that do not matter much. The test of its substance is the right to differ as to things that touch the heart of the existing order. 700 et seq.) — Congress approves the first federal flag desecration law in the wake of a highly publicized Central Park flag burning incident in protest of the Vietnam War. Street was arrested after he learned of the shooting of civil rights leader James Meredith and reacted by burning his own flag and exclaiming to a small crowd that if the government could allow Meredith to be killed, "we don't need no damn flag." The Court avoided deciding whether flag burning was protected by the First Amendment, and instead overturned the conviction based on Street's oral remarks. Revision of State Flag Desecration Statutes — During this period legislatures in some 20 States narrow the scope of their flag desecration laws in an effort to conform to perceived Constitutional restrictions under the Street, Smith, and Spence cases and to more generally parallel the federal law (i.e., focusing more specifically on mutilation and other forms of physical desecration, rather than verbal abuse or commercial or political misuse). Gregory Johnson, a member of the Revolutionary Communist Party, was arrested during a demonstration outside of the 1984 Republican National Convention in Dallas after he set fire to a flag while protestors chanted "America, the red, white, and blue, we spit on you." In a 5-4 decision authored by Justice Brennan, the Court first found that burning the flag was a form of symbolic speech subject to protection under the First Amendment. 367 (1968), since the State law was related to the suppression of freedom of expression, the conviction could only be upheld if Texas could demonstrate a "compelling" interest in its law.