United States v. Eichman (1989)
- Docket
- 89-1433
- Decided
- 1989-01-01
Summary
Question: Did the Act violate freedom of expression protected by the First Amendment? Conclusion: In a 5-to-4 decision, coming on the heels of a similar holding in Texas v. Johnson (1989), the Court struck down the law because "its asserted interest is related to the suppression of free expression and concerned with the content of such expression." Allowing the flag to be burned in a disposal ceremony but prohibiting protestors from setting it ablaze at a political protest made that clear, argued Justice Brennan in one of his final opinions.