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Amendments. 1989—Subsec. (a). Pub. L. 101–131, § 2(a), amended subsec.(a) generally. Prior to amendment, subsec. (a) read as follows: “Whoever knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it shall be fined not more than $1,000 or imprisoned for not more than one year, or both.”
Jun 21, 2023 · Learn how the Supreme Court has protected the right to burn the American flag as symbolic speech under the First Amendment. Find out the facts and arguments of the landmark cases, such as Texas v. Johnson and United States v. Eichman.
Texas v. Johnson. 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 .
Nov 14, 2023 · This law makes it criminal to knowingly do any of the following to the flag of the United States: Several people expressed their disagreement with the new law by burning the flag. The constitutionality of this law also came before the Supreme Court. The Court overturned this law in United States v. Eichman.
Citation: 18 U.S.C. § 700 (2021) Section Name §700. Desecration of the flag of the United States; penalties: Section Text (a)(1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.
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. The concept of flag desecration continues to provoke a ...
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Flag burning constitutes symbolic speech that is protected by the First Amendment. FACTS Gregory Lee Johnson burned an American flag outside of the convention center where the 1984 Republican National Convention was being held in Dallas, Texas. Johnson burned the flag to protest the policies of President Ronald Reagan. He was arrested and ...
