Flag burning has a long history in the U.S. — and legal protections from the Supreme Court
Summary
The U.S. Supreme Court has said that burning the American flag is a protected form of free speech. Despite this, former President Trump signed an order for the Justice Department to prioritize prosecuting people who burn the flag.Key Facts
- The Supreme Court has ruled that burning the American flag is protected by the First Amendment.
- In 1989, the Supreme Court case *Texas v. Johnson* determined that flag burning is a form of free speech.
- Former President Trump signed an order instructing the Justice Department to prosecute flag burners.
- Flag desecration incidents in the U.S. date back to the Civil War.
- State laws against flag desecration were common by the end of the 19th century.
- The Flag Protection Act of 1968 restricted flag burning during anti-Vietnam War protests.
- Free speech lawyers argue that Trump's order goes against settled legal precedent.
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