Government is not allowed to prohibit the action or expression of an idea [protected by the First Amendment] simply because the public or society finds it offensive. Flag burning to this day is an ongoing argument. There have been two cases: United States v. Eichman & Texas v. Johnson. Both cases were overturned. Certain "interest groups" and various government officials still fight to prohibit flag burning.
"Government may not prohibit the expression of an idea simply because society finds the idea itself offensive."
For more information on Supreme Court decisions dealing with flag burning (and other desecration) see Related Links, below.
Government is not allowed to prohibit the action or expression of an idea [protected by the First Amendment] simply because the public or society finds it offensive. Flag burning to this day is an ongoing argument. There have been two cases: United States v. Eichman & Texas v. Johnson. Both cases were overturned. Certain "interest groups" and various government officials still fight to prohibit flag burning.
In a nutshell, the court ruled that speech is not limited to the spoken word.
The Supreme Court decided flag desecration involved "expressive" political speech, which they declared an important component of free speech protected by the First Amendment.For more information about Supreme Court decisions on flag burning, see Related Links, below.
Yes, the US Supreme Court has ruled that Flag burning is a protected form of speech.
The Supreme Cour recognized tha burning the American flag is an exrecise of our freedom of speech. In the case of the State of Texas vs Johnson. They said that he could not be arrested for it because under the 1st amendment of the constituiton it was considered symbolic speech and therefore protected.
A later decision, or refinement ruling of the same court; or a ruling of that same court based upon a new or amended law to comply with that ruling. For example: John burns the US Flag on the steps of the State Capital. The State arrests him because the state amended its constitution based on a previous decision by the US Supreme court that flag burning is protected speech, thereby making flag burning unlawful. The US Supreme court would rule that the amendment violates the US Constitution (which is superior) and strike down the state amendment. The State then writes a law that John has to buy a permit to burn the flag in any form of protest. The US Supreme Court would uphold that law as long as it did not: 1) discriminate in who the permits were issued to, or 2) make the cost or time involved in issuance of the permit unbearable (too much to afford). **Please note this is just a simple example and involves a lot more than is illustrated. FOR PLATO - an amendment to the constitution
4.2.4 a candidate speaking at a town hall meeting
Yes. Flag burning and other forms of desecration are considered expressive political speech protected by the First Amendment.For more information, see Related Questions, below.
The Supreme Court decided flag desecration involved "expressive" political speech, which they declared an important component of free speech protected by the First Amendment.For more information about Supreme Court decisions on flag burning, see Related Links, below.
"Government may not prohibit the expression of an idea simply because society finds the idea itself offensive." For more information on Supreme Court decisions dealing with flag burning (and other desecration) see Related Links, below.
"Government may not prohibit the expression of an idea simply because society finds the idea itself offensive." For more information on Supreme Court decisions dealing with flag burning (and other desecration) see Related Links, below.
"Government may not prohibit the expression of an idea simply because society finds the idea itself offensive." For more information on Supreme Court decisions dealing with flag burning (and other desecration) see Related Links, below.
No. The US Supreme Court didn't uphold laws against flag burning; it overturned laws against flag burning on the grounds that burning the US flag is expressive political speech protected by the First Amendment.For more information on the US Supreme Court and flag desecration cases, see Related Questions, below.
Yes, the US Supreme Court has ruled that Flag burning is a protected form of speech.
No, the Supreme Court ruled in the 1990's that burning a flag is a form of symbolic speech protected by the First Amendment. As long as the flag burning does not endanger anyone it is perfectly legal.
The First Amendment to the United States Constitution protects the act of burning the US flag as a form of free speech. In 1989, the Supreme Court ruled in Texas v. Johnson that burning the US flag is a symbolic expression protected under the First Amendment.
The Supreme Cour recognized tha burning the American flag is an exrecise of our freedom of speech. In the case of the State of Texas vs Johnson. They said that he could not be arrested for it because under the 1st amendment of the constituiton it was considered symbolic speech and therefore protected.
No it is not illegal. Several years ago the Supreme Court ruled that it was freedom of speech and that the 1st amendment protected someone if they burned the flag. It is a form of protest.
Flag burning will probably not be banned.No, the Supreme Court of the United States has ruled1 that burning the American flag is a form of expression protected by the First Amendment. Municipalities have issued misdemeanor summonses for starting fires without a permit, however. 1. See TEXAS v. JOHNSON, 491 U.S. 397 (1989) and UNITED STATES v. EICHMAN, 496 U.S. 310 (1990) (Source: http://wiki.answers.com/Q/Is_it_illegal_to_burn_the_American_flag)