Why is Texas vs. Johnson a Landmark Case?

[Paul]

Ruling allows Flag Burning? Invalidates laws in 48 States.



The Supreme Court ruled by a one vote margin that the burning of the American flag was a right protected by the First Amendment of the Constitution; called "Expressive Conduct".

Many people disagree with the ruling and believe that burning the flag is completely unpatriotic; and while that may be true, the Court considers it a right that Americans are entitled to. The ruling in this case by the Supreme Court overturned laws in 48 States that forbade flag desecration/burning.

The court also stated that State officials may not designate limits on the use of symbols (refering to the appropriate way to treat a flag), but that the underlying purpose of the first amendment is that the government may not prohibit an idea from being expressed just because society finds it disagreeable or "Unpatriotic".

Additionally, in 1989 the Congress passed the "Flag Protection Act", which essentially prohibited unpatriotic treatment of the Flag. A year later however, in United States v. Eichman, the Supreme Court ruled the legislation unconstitutional, once again by a 5-4 margin. Although most Americans consider Flag Burning a terrible crime against the nation, and another Flag Protection bill just barely missed being passed in the Senate in 2006 by one vote, the Supreme Court has interpereted the First Amendment of our Constitution to explicitly protect those citizens who wish to burn the flag of our country.

Sources;
http://oyez.com/cases/1980-1989/1988/1988_88_155
http://www.streetlaw.org/en/landmark/cases/texas_v_johnson