Tuesday, December 31, 2019

Texas V. Johnson Congress Enacted The Flag Protection Act...

In response to the decision made in Texas v. Johnson, Congress enacted the Flag Protection Act of 1989. The Act, this time focused not on simply prohibiting the desecration of a flag, but of protecting the entire physical integrity of a flag. The Act did, however allow for the proper disposal of old, torn, worn, or soiled flags. Congress did this with the purpose of removing language that the courts might find made the statute a statute that aimed to suppress certain kinds of expression. They also tried to challenge the Court and prior rulings to prohibit the burning and desecration of American flags. After Congress passed this law, many burned flags in protest. United States v. Eichman 496 U.S. 310 (1990) is a case following Texas v. Johnson in which Shawn Eichman decided to challenge his arrest and conviction for burning of a flag under the law to the Supreme Court. Eichman burned a flag on the steps of the U.S. Capitol protesting against the government’s domestic and foreign policies. He was prosecuted in violation of the Flag Protection Act. When the Court looked at this case, they also reviewed the case of United States v. Haggerty 496 U.S. 310 (1990). United States v. Haggerty involves defendant Mark Haggerty who burned a flag in Seattle protesting against the passage of the Flag Protection Act. The Court ruled against the government in both cases saying that the government had an interest in protecting the physical integrity of a flag to preserve its symbol meaning,Show MoreRelatedFreedom And Freedom Of Speech Essay2518 Words   |  11 Pagesfreedom and liberty and where their essential rights are protected under the Constitut ion. However, freedom should not be taken for granted as for every rule there may be limits. 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