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Burning the U.S. flag is legal due to rulings by the Supreme Court of the United States.

In 1968, Congress imposed criminal penalties for anyone who "knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning or trampling upon it."

In 1989, the U.S. Supreme Court ruled that anti-desecration statutes are unconstitutional if aimed at suppressing one type of expression in the case of Texas vs Johnson.

In response to the ruling, Congress enacted The Flag protection Act of 1989, which imposed a fine and up to one year in prison for certain acts that violate the physical integrity of the flag, including mutilating, defacing, physically defiling, maintaining on the floor, or trampling on the flag.

In 1990, in the case of United States v. Eichman, the Supreme Court struck down the Flag Protection Act, ruling that the government's interest in preserving the flag as a symbol does not outweigh the individual's First Amendment right to disparage that symbol through expressive conduct.

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