Did the Supreme Court rule on flag burning?
Asked by: Barney Bergstrom | Last update: February 9, 2026Score: 4.9/5 (49 votes)
The Supreme Court addressed flag burning in the 1989 case of Texas v. Johnson. A 5-4 majority held that states cannot enact blanket bans on flag desecration because, under some circumstances, flag burning is a form of symbolic speech protected by the First Amendment.
Did the Supreme Court rule on burning the American flag?
The U.S. Supreme Court has ruled flag burning is a form of symbolic speech protected by the First Amendment in the landmark case Texas v. Johnson (1989), stating the government cannot prohibit expression just because society finds it offensive. This decision invalidated state laws banning flag desecration and was reaffirmed in *United States v. Eichman (1990), which struck down a federal law attempting to ban it.
What's the penalty for burning the U.S. flag?
§ 700. Desecration of the flag of the United States; penalties 713. "(a) Whoever knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
When did it become legal to burn a U.S. flag?
On June 21, 1989, a deeply divided United States Supreme Court upheld the rights of protesters to burn the American flag in a landmark First Amendment decision. In the controversial Texas v. Johnson case, the Court voted 5-4 in favor of Gregory Lee Johnson, the protester who had burned the flag.
Did Johnson go to jail for burning the flag?
Johnson was eventually convicted under Texas' flag desecration law, which prohibited anyone from intentionally or knowingly desecrating a flag in a way they knew would seriously offend someone else. He was sentenced to a year in jail and fined $2,000.
Can You Burn An American Flag? | Texas v. Johnson
What was the decision on the Johnson flag burning case?
(5-4) The majority of the Court, according to Justice William Brennan, agreed with Johnson and held that flag burning constitutes a form of "symbolic speech" that is protected by the First Amendment.
What did the Supreme Court rule in Johnson v. United States?
In the significant 2015 case, Johnson v. United States, the Supreme Court ruled that the "residual clause" of the Armed Career Criminal Act (ACCA) was unconstitutionally vague, violating the Due Process Clause of the Fifth Amendment because it failed to provide fair notice of what conduct qualified as a violent felony, leading to arbitrary enforcement by judges. This meant a mandatory sentence enhancement under the ACCA could not be applied based on this ambiguous clause.
Was burning the American flag ever considered treason?
By the 1960s, certainly, political dissenters had more rights.” Flag burning, however, was still considered a treasonous and criminal act that was beyond the pale of free speech. On April 15, 1967, more than 200,000 people amassed in New York City's Central Park and burned dozens of flags to protest the Vietnam War.
Why are there 52 stars on the American flag?
The 50 stars on the flag represent the 50 states and the 13 stripes represent the original Thirteen Colonies that rebelled against the British crown and became the first states in the Union. Nicknames for the flag include "the Stars and Stripes", "Old Glory", and "the Star-Spangled Banner".
In what country is it illegal to burn the flag?
It's illegal to burn national flags in many countries, including Germany, France, Russia, China, India, the Philippines, and Israel, with penalties ranging from fines to years in prison, while some nations like the UK, Canada, and the U.S. protect it as free speech, though Denmark prohibits burning foreign flags but allows its own. Laws often target disrespect for national symbols, with specific prohibitions on flag burning or desecration under criminal codes.
Is burning a flag a war crime?
No. The Court has recognized that the First Amendment protects certain forms of symbolic speech. Flag burning is such a form of symbolic speech. When a flag is privately owned, the owner should be able to burn it if the owner chooses, especially if this action is meant in the form of protest.
What are the 5 American flag rules?
Five key American flag rules include displaying it from sunrise to sunset (or illuminated at night), ensuring it never touches the ground or anything beneath it, not using it as clothing or for advertising, keeping it clean and undamaged, and always allowing it to fly freely with the union (stars) in the upper left.
What are some alternatives to burning a flag?
Lastly, WikiHow states that you also have the option to respectfully bury the flag. You should fold the flag in the ceremonial triangle, place in a strong wooden box, and bury a few feet in the ground. Similar to burning the flag, make sure to handle it with care and consider its meaning as you bury it.
Why did the Supreme Court rule that burning the American flag quizlet?
The act may seen as disrespectful. However, The Supreme Court ruled out that the burning of the flag is a form of symbolic speech that communicates a specific message and viewpoint. Thus, it is protected by the First Amendment.
How did Congress respond to the Supreme Court's ruling in Texas v. Johnson?
Congress responded to the Supreme Court's ruling in Texas v. Johnson by passing the Flag Protection Act in 1989, which aimed to prohibit flag desecration. However, this law was later struck down by the Supreme Court in United States v. Eichman, reaffirming the protection of symbolic speech under the First Amendment.
What happened to the Flag Protection Act of 1989?
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.
Did the US ever have a 49-star flag?
On January 3, 1959, President Eisenhower issued Executive Order 10798 establishing the design of the 49-star flag. On July 4, 1959, this flag was first officially raised over Fort McHenry National Historic Site with Secretary of the Interior Fred A. Seaton presiding.
What is the meaning of 51st state?
A "51st state" refers to a U.S. territory, district, or even a foreign country considered for admission as the 51st state, granting it full representation and rights like existing states, with common candidates being Washington, D.C. and Puerto Rico, though the term can also jokingly apply to other places like Canada or the UK, suggesting they are heavily influenced by the U.S.
Is it illegal to fly a 48 star flag?
Yes, you can absolutely fly a 48-star American flag; the U.S. Flag Code considers any version that was once official to be a "living" flag, and it's perfectly acceptable for private citizens to display historical flags like the 48-star version, provided it's in good condition and flown with respect according to general flag etiquette, such as proper illumination at night and placement.
What was the Supreme Court decision on flag burning?
The U.S. Supreme Court has ruled flag burning is a form of symbolic speech protected by the First Amendment in the landmark case Texas v. Johnson (1989), stating the government cannot prohibit expression just because society finds it offensive. This decision invalidated state laws banning flag desecration and was reaffirmed in *United States v. Eichman (1990), which struck down a federal law attempting to ban it.
What is the punishment for burning a U.S. flag?
(a) read as follows: “Whoever knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it shall be fined not more than $1,000 or imprisoned for not more than one year, or both.”
What was Johnson's punishment for burning the flag?
Texas Court of Criminal Appeals affirmed. Activist Gregory Lee Johnson was convicted for burning an American flag during a protest outside the 1984 Republican National Convention in Dallas, Texas, and was fined $2,000 and sentenced to one year in jail in accordance with Texas law.
What did the Supreme Court rule in Trump v. United States?
In Trump v. United States (July 1, 2024), the Supreme Court granted President Trump significant criminal immunity for "official acts" related to his attempts to overturn the 2020 election, establishing absolute immunity for core powers and presumptive immunity for other official conduct, though leaving unofficial acts exposed. The 6-3 decision, written by Chief Justice Roberts, created a new standard for presidential immunity, stating presidents have absolute immunity for conclusive constitutional powers (like pardons) and presumptive immunity for other official actions (like discussions with DOJ), while no immunity exists for private conduct. This ruling led to the dismissal of some charges, sent others back for trial court review, and significantly impacted Special Counsel Jack Smith's prosecution.
What was the Supreme Court decision on Johnson and Johnson?
Johnson & Johnson. On June 1, 2021, the Supreme Court declined to review a Missouri state court's staggering $2.1 billion punitive damages award against Johnson & Johnson. The case arose from a suit by 22 plaintiffs who alleged that the defendant's talcum powder caused them to develop cancer.
Is Texas v. Johnson still relevant today?
Yes, Texas v. Johnson remains highly relevant today, establishing that flag burning is protected symbolic speech under the First Amendment, a principle still debated and tested in modern protests, social media, and ongoing legislative attempts to ban flag desecration, underscoring enduring tensions between free expression and national symbols.