United States v. Eichman, 496 U.S. 310 (1990)

This case involved a challenge to the federal 1989 Flag Protection Act, which forbade desecrating the American flag and was passed in response to the Court's decision in Texas v. Johnson, 491 U.S. 397 (1989) that flag burning was protected under the First Amendment as a form of speech.

In a 5-4 decision, the Court struck down the Flag Protection Act, reaffirming its reasoning in Texas v. Johnson that flag burning was expressive conduct and, thus, protected under the First Amendment. Justice Brennan, who authored the Court's opinion, famously stated that "[p]unishing desecration of the flag dilutes the very freedom that makes this emblem so revered, and worth revering."

URL Link: http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=496&invol=310

Author Organisation: United States Supreme Court