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Originally Posted by mapuc
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Wrong Markus. The U.S Supreme Court heard this case.
This activity ( Flag Burning ) is based on the landmark Supreme Court case Texas v. Johnson, 491 U.S. 397 (1989), which deals
with First Amendment protection of flag burning as symbolic speech.
In the wake of that decision.
United States v. Eichman, 496 U.S. 310 (1990) The Johnson decision only affected a Texas state law.
In the wake of the decision, the federal government enacted a law that also prohibited flag burning. In order to try to get around constitutional challenges, the law prohibited all types of flag desecration, with the exception of burning and burying a worn-out flag, regardless of whether the action upset others. The Supreme Court held that this did not cure the constitutional defect and the same 7-3 majority from Johnson held that the law still impermissibly discriminated upon viewpoint and struck it down
https://www.uscourts.gov/sites/defau...-burning_1.pdf
It can be viewed as protected speech but People are still prosecuted for it.
Further.
Quote: burning the flag to deliberately provoke a violent response from someone else or in order to incite others to Imminent lawlessness violence is not protected either.
https://www.freedomforum.org/flag-de...rst-amendment/
This is from the link you provided, Markus.
To be fair, It's a contentious Issue. Most Americans would never think of burning our Flag which explains why the subject rarely comes up. It happens more with foreign born nationals. So, Vienna may be partially correct. If this case went to the U.S Supreme Court now, there is no telling how it would be decided. The U.S Supreme Court was deeply divided then. Perhaps this Issue needs to be revisited by the Supreme Court.