United States v. Eichman
Case Overview
The Supreme Court reaffirmed that burning the American flag is constitutionally protected expression under the First Amendment, striking down the federal Flag Protection Act of 1989. The Court extended its holding from Texas v. Johnson (1989) to the federal statute.
Legal Issues
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The Conclusion
**Decided June 11, 1990, by a 5-4 vote. The Supreme Court held the Flag Protection Act of 1989 unconstitutional because it suppressed expression out of concern for its likely communicative impact.** Justice Brennan wrote for the majority, joined by Marshall, Blackmun, Scalia, and Kennedy; Justice Stevens dissented, joined by Chief Justice Rehnquist, Justice White, and Justice O'Connor. Flag burning carried out as political protest is protected First Amendment expression.
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