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How did United States v. Eichman protect flag burning under the First Amendment?
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Antonin Scalia
Associate Justice of the U.S. Supreme Court Antonin Scalia, 2006.
In United States v. Eichman (1990), the U.S. Supreme Court struck down federal bans on flag burning by affirming that such acts constitute protected free-speech under the First Amendment.1
This ruling followed the precedent set in Texas v. Johnson (1989), where the Court held that the government cannot prohibit the expression of an idea simply because society finds it offensive or disagreeable. Despite his personal sympathy toward laws prohibiting flag desecration, Justice Antonin Scalia joined the narrow majorities in both cases. His participation in these decisions demonstrated his commitment to protecting civil liberties as articulated in the Bill of Rights, even when the outcome deviated from his own conservative policy preferences.12