Comments on: Protecting the flag http://www.randem.net/blog/2006/06/28/protecting-the-flag/ Thu, 04 Dec 2008 21:07:39 +0000 http://wordpress.org/?v=2.6.3 By: Michael S. Class http://www.randem.net/blog/2006/06/28/protecting-the-flag/#comment-41 Michael S. Class Wed, 28 Jun 2006 18:59:00 +0000 http://www.randem.net/content/2006/06/28/protecting-the-flag/#comment-41 The first federal Flag Protection Act was passed by Congress in 1968 in response to protest burnings of the flag at demonstrations against the Vietnam War. Over time, 48 of the 50 U.S. states also enacted similar flag protection laws as well. All of these statutes were overturned by the Supreme Court of the United States by a 5-4 vote in the case Texas v. Johnson, (1989) as unconstitutional restrictions of public expression.<br/><br/>After the Johnson decision, Congress quickly passed a new Flag Protection Act, which was also struck down by the Supreme Court the following year by the same 5-4 majority in the case U.S. v. Eichman (1990). The Court decided that expression through flag burning was constitutionally protected.<br/><br/>BUT...<br/><br/>Ruling in an important First Amendment case, Virginia v. Black, (2003) the U.S. Supreme Court said that states may outlaw acts of cross burning. The first federal Flag Protection Act was passed by Congress in 1968 in response to protest burnings of the flag at demonstrations against the Vietnam War. Over time, 48 of the 50 U.S. states also enacted similar flag protection laws as well. All of these statutes were overturned by the Supreme Court of the United States by a 5-4 vote in the case Texas v. Johnson, (1989) as unconstitutional restrictions of public expression.

After the Johnson decision, Congress quickly passed a new Flag Protection Act, which was also struck down by the Supreme Court the following year by the same 5-4 majority in the case U.S. v. Eichman (1990). The Court decided that expression through flag burning was constitutionally protected.

BUT…

Ruling in an important First Amendment case, Virginia v. Black, (2003) the U.S. Supreme Court said that states may outlaw acts of cross burning.

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