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United States v. Eichman, 496 U.S. 310 (1990), was a United States Supreme Court case that by a 5–4 decision invalidated a federal law against flag desecration as a violation of free speech under the First Amendment. [1] It was argued together with the case United States v. Haggerty.
On June 11, 1990, the Supreme Court in the case of United States v. Eichman struck down the Flag Protection Act, ruling again 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. [1]
In United States v. Eichman (1990), the Court once again upheld that flag burning was protected speech under the First Amendment, with the same five justices in Johnson forming the majority. In an opinion also written by Justice Brennan, the Court declared the Flag Protection Act of 1989 unconstitutional and overruled it. [73]
The Flag Protection Act of 1989 went into effect at midnight on 28 October 1989. On 30 October, Gregory Johnson joined Shawn Eichman, David Blalock, and Scott Tyler on the steps of the United States Capitol in Washington, D.C., where they set fire to three American flags while chanting "burn, baby, burn." The four protesters were arrested and ...
The Pride flag flies outside the White House in Washington, D.C. in June 2023. Secretary of State Marco Rubio has directed only the U.S. flag be flown outside of U.S. facilities (AFP via Getty Images)
Never display the flag with the union down unless you are signaling distress. When hanging the flag somewhere, do not let it touch the ground. Do not use the U.S. flag for the following purposes:
U.S. flags flown over federal buildings, draped over coffins of fallen soldiers to be 100% made in America under All-American Flag Act.
Congress responded to the Johnson decision afterwards by passing another flag protection act. In 1990, the Supreme Court reaffirmed Johnson by the same 5–4 majority in United States v. Eichman declaring that flag burning was constitutionally protected free speech. [8]