What happened to the Flag Protection Act of 1989?
Asked by: Prof. Sienna Lubowitz DDS | Last update: February 19, 2026Score: 4.7/5 (38 votes)
The Flag Protection Act of 1989, passed by Congress in response to the Supreme Court's decision in Texas v. Johnson (1989) allowing flag burning as free speech, was itself struck down by the Supreme Court in the 1990 case United States v. Eichman. The Court found the Act unconstitutional because it still sought to suppress expression, violating the First Amendment, reinforcing that protecting the flag as a symbol isn't a strong enough government interest to override symbolic speech.
What was the outcome of 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.
Was the Flag Protection Act struck down?
In response to the decision, Congress enacted the Flag Protection Act of 1989, which was subsequently struck down by the Court in United States v. Eichman (1990). That decision, in turn, spurred several attempts by Congress to pass the Flag Desecration Amendment.
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.
What did the US Supreme Court rule on flag burning in 1989?
Facts and case summary for Texas v. Johnson, 491 U.S. 397 (1989). Flag burning constitutes symbolic speech that is protected by the First Amendment.
The Curious Lawyer: Flag Law
What's the punishment for burning the American 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.
Why did Johnson believe he was allowed to burn the flag?
The court first found that Johnson's burning of the flag was expressive conduct protected by the First Amendment. The court concluded that the State could not criminally sanction flag desecration in order to preserve the flag as a symbol of national unity.
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 law was Johnson accused of violating?
The primary charge against Johnson was that he had violated the Tenure of Office Act. Specifically, that he had acted to remove Edwin Stanton from the position of Secretary of War and to replace him with Brevet Major General Lorenzo Thomas as secretary of war ad interim.
What was the main reason the Texas Court of Criminal Appeals reversed Johnson's conviction for flag desecration?
The Texas Court of Criminal Appeals reversed Gregory Lee Johnson's conviction, ruling that burning the flag was symbolic speech protected by the First Amendment, as the state couldn't mandate feelings of national unity or prohibit offensive political expression, even concerning the flag. They found that Johnson's actions didn't incite a breach of peace and the state's interest in preserving the flag as a symbol didn't justify criminalizing this political expression.
How did Congress respond to the Supreme Court's ruling in Texas v. Johnson?
In reaction to the Johnson decision, which only applied to the Texas flag-desecration law, Congress passed a national anti-flag burning law called the Flag Protection Act of 1989.
Is it illegal to let an American flag touch the ground?
The Flag Code states that the flag should not touch anything beneath it, including the ground. This is stated to indicate that care should be exercised in the handling of the flag, to protect it from becoming soiled or damaged. You are not required to destroy the flag when this happens.
In what countries 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.
What does the Supreme Court say about burning the 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.
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.
What amendment was George Bush flag burning?
Johnson, 491 U.S. 397 (1989), is a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that burning the flag of the United States was protected speech under the First Amendment to the U.S. Constitution, as doing so counts as symbolic speech and political speech.
Was Johnson found guilty of his impeachment?
Senate deliberated in closed session on articles of impeachment. Senate voted 35 to 19 to acquit on article 11. Senate voted 35 to 19 to acquit on articles 2 and 3. Senate acquitted Johnson and adjourned as court of impeachment.
Who can remove the President from office?
The Constitution gives Congress the power to impeach federal officials. An official can be impeached for treason, bribery, and “other high crimes and misdemeanors.” The House of Representatives brings articles (charges) of impeachment against an official. Learn more about the House's role in impeachment.
Why was Johnson not removed from office after his impeachment?
Once again, Johnson was acquitted by one vote, 35 to 19, on both articles. No Senator had changed his previous vote. At that point, the Senate ended the impeachment proceedings. Senator James Grimes of Iowa was one of the seven Republicans who had voted against removing Johnson.
Is it illegal to fly the American flag at night without a light?
No, it's not illegal in the sense of a criminal penalty, but the U.S. Flag Code strongly recommends and sets a guideline that the American flag should only be flown from sunrise to sunset; however, it can be flown 24/7 if it's properly illuminated during the hours of darkness, making illumination a matter of respect and tradition rather than strict law.
What three things should one never do out of respect to the flag?
Three things you should never do out of respect for the U.S. flag are: use it as clothing/bedding/drapery, let it touch the ground or water, and fly it upside down (unless in dire distress). Other key prohibitions include marking it, using it for advertising, or dipping it to any person or thing.
Why do they fold the American flag 13 times?
The 12th fold represents an emblem of eternity and glorifies God the Father, the Son and Holy Ghost. The 13th and last fold, when the flag is completely folded, the stars are uppermost, reminding us of our national motto, "In God We Trust."
Can I burn an American flag to dispose of it?
According to the resolution, "The approved method of disposing of unserviceable flags has long been that they be destroyed by burning." The U.S. flag is considered such a sacred symbol that burning it in an undignified manner constitutes desecration. That's why the ceremonies are held in a specific manner.
Can you go to jail for burning the American flag?
No. The Court has recognized that the First Amendment protects certain forms of symbolic speech. Flag burning is such a form of symbolic speech.
Why do you have to burn a flag if it touches the ground?
The Legion says you are not required to destroy the flag in the event it touches the ground, but you should try your best to avoid letting it become damaged. As long as the flag remains suitable for display, you may continue to display the flag, per the American Legion.