Flag Protection Act of 1989 is unconstitutional
E642287
"Flag Protection Act of 1989 is unconstitutional" refers to the U.S. Supreme Court’s determination that a federal law criminalizing flag desecration violated the First Amendment’s protection of free speech.
Statements (25)
| Predicate | Object |
|---|---|
| instanceOf |
constitutional law principle
ⓘ
legal holding ⓘ |
| affects | federal criminal prohibition on flag desecration ⓘ |
| announcedInCase |
United States v. Eichman
NERFINISHED
ⓘ
United States v. Haggerty NERFINISHED ⓘ |
| appliesToLaw | Flag Protection Act of 1989 NERFINISHED ⓘ |
| clarifies | that symbolic flag burning can be protected speech ⓘ |
| constitutionalProvisionInvoked | Free Speech Clause of the First Amendment NERFINISHED ⓘ |
| constrains | Congress’s power to criminalize expressive conduct involving the U.S. flag ⓘ |
| determinedByCourt | Supreme Court of the United States NERFINISHED ⓘ |
| effect | invalidated federal prosecutions under the Flag Protection Act of 1989 ⓘ |
| historicalContext | post-Texas v. Johnson congressional response ⓘ |
| holdsThat | government may not prohibit expression simply because society finds it offensive or disagreeable ⓘ |
| jurisdiction | United States federal law NERFINISHED ⓘ |
| legalBasis | First Amendment to the United States Constitution NERFINISHED ⓘ |
| reasoningInvolves | protection of expressive conduct as free speech ⓘ |
| refersTo | the U.S. Supreme Court’s determination that the Flag Protection Act of 1989 violated the First Amendment ⓘ |
| relatedTo | Texas v. Johnson NERFINISHED ⓘ |
| status | binding precedent in U.S. constitutional law ⓘ |
| supportsPrinciple |
strict scrutiny for content-based speech regulations
ⓘ
viewpoint neutrality in First Amendment law ⓘ |
| topic |
content-based restrictions on speech
ⓘ
flag desecration ⓘ symbolic speech ⓘ |
| yearOfDecision | 1990 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.