what famous case shows that burning the u.s. flag is protected by the 1st amendment?

Question

what happened when congress passed a law against flag burning? was the law a violation of the 1st amendment free speech/expression protections?

Answer 1

The U.S. Supreme Court in Texas v Johnson, 1989, ruled that a criminal conviction for burning the flag is unconstitutional saying, "After publicly burning an American flag as a means of political protest, Gregory Lee Johnson was convicted of desecrating a flag in violation of Texas law. This case presents the question whether his conviction is consistent with the First Amendment. We hold that it is not."

As a result of this decision, in 1990, the US Congress attempted to pass an amendment to the Constitution to allow states to pass laws against flag burning.
The bill was rejected by just 34 votes on June 21, 1990.

The Conservative majority in the 104th Congress took it upon itself to reintroduce this piece of legislation. This bill was passed by the House of Representatives on 6-28-95, by a vote of 312-120. It was sent to the Senate, where it needed a 2/3 majority (66 votes) to pass. On 12-12-95, the amendment was defeated when it failed by only 3 votes.

On 2-13-97, Rep Solomon (R-NY) introduced it again, to the 105th Congress. And this time, it came pre-signed -- with 201 co-sponsors. The bill was killed in the Senate, which did not vote on it before recessing.

And then, it was re-introduced in the 106th Congress. Again, it passed the House, but came just short of passage in the Senate.

Answer 2

The case of Texas v. Johnson may be the one you are thinking about. The Supreme Court struck down flag desecration laws in 48 states as unconstitutional in its ruling in this case. Congress, reacting to the Supremes ruling, passed a federal law forbidding flag desecration in the "Flag Protection Act" in 1989, which was itself promptly struck down by the Supremes as unconstitutional.

The only avenue that conservatives have left to them now is to try and force bans against flag desecration into law through a Constitutional amendment. But it seems to me that even this would probably fail because it would stand in stark contrast to the rights delineated in Article I of the Bill of Rights. In order for an amendment to stand, it seems to me that it must be consistent with the other principles expressed or implied in the rest of the document. If it isn't, then the amendment itself could conceivably be declared unconstitutional by the Supremes and thus nullified.

Answer 3

the version is that beating the crap out of persons is a criminal offense regardless of what you try to particular. Burning fabrics isn't frequently a criminal offense. in reality, guidelines touching on to proper appreciate for the flag require burning flags that are torn or stained. The efforts to stymie those would burn the flag are constrained to those that are certainly expressing an opinion at the same time as the efforts to end criminals who would assaut yet another are not any further so constrained.

Answer 4

i dont think the first ammendment does not give u the right to burn the flag because all though we have freedom we shouldnt burn the flag because thats showing u dont support the country