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Texas v. Johnson, 491 U.S. 397 (1989), is a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that burning the Flag of the United States was protected speech under the First Amendment to the U.S. Constitution, as doing so counts as symbolic speech and political speech.
The Flag Desecration Amendment (often referred to as the Flag-Burning Amendment) is a proposed addition to the Constitution of the United States that would allow the U.S. Congress to prohibit by statute and provide punishment for the physical "desecration" of the flag of the United States.
In common usage, the phrase "flag burning" refers only to burning a flag as an act of protest. However, the United States Flag Code states that "the flag, when it is in such condition that it is no longer a fitting emblem for display (for example, the flag being faded or torn), should be destroyed in a dignified way, preferably by burning." [158]
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A 1989 U.S. Supreme Court ruling upheld a protestor's right to burn the American flag, but President-elect Trump might want to change that. Trump considers jail, loss of citizenship for American ...
These American flag facts are all about its history, its stars and stripes, and how you should display the flag. There's a lot you may not know about Old Glory!
The flag should never touch anything physically beneath it. [9] An urban myth claimed that if the flag touched the ground, it had to be destroyed under the Flag Code; however, it has been affirmed by the American Legion and state governments that this is not the case. [10] [11] The flag should never be used as wearing apparel, bedding or drapery.
United States v. Eichman, 496 U.S. 310 (1990), was a United States Supreme Court case that by a 5–4 decision invalidated a federal law against flag desecration as a violation of free speech under the First Amendment. [1]