Enactment and Response

The Flag Protection Act of 1989 was enacted by Congress in response to a Supreme Court decision that invalidated prior legislation on the grounds of free speech

Provisions and Penalties

The Act made it a federal offense to knowingly mutilate, deface, physically defile, burn, maintain on the floor or ground, or trample upon the flag, with violators facing penalties including fines and imprisonment

Constitutional Challenge

The Act's constitutionality was immediately challenged on the basis of the First Amendment's guarantee of freedom of speech

United States v. Eichman

In 1990, the Supreme Court ruled that the Act's prohibition against flag desecration was unconstitutional, citing an individual's right to freedom of expression

Texas v. Johnson

The Court's decision in Texas v. Johnson (1989) also struck down a similar state statute on the same grounds

Ongoing Debate

The Court's rulings continue to prompt discussion about the balance between protecting national symbols and upholding constitutional freedoms

Flag Desecration Amendment

Proponents sought to amend the Constitution to give Congress the power to prohibit flag desecration, but the amendment has never secured the necessary two-thirds majority in Congress

Repeated Introduction

The Flag Desecration Amendment has been introduced in Congress numerous times since 1989, demonstrating the ongoing debate over the balance between protecting national symbols and upholding constitutional freedoms

Constitutional Significance

The repeated introduction of the amendment highlights the complex interplay between legislative attempts to protect symbols of national identity and the constitutional protections of individual liberties