On This Day: June 21, 1989 – U.S. Supreme Court Rules Flag Burning Is Protected Speech

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On This Day: June 21, 1989 – U.S. Supreme Court Rules Flag Burning Is Protected Speech
On this day June 21, 1989, the United States Supreme Court ruled in the landmark case Texas v. Johnson that burning the American flag is a form of political protest protected under the First Amendment. The decision came after Gregory Lee Johnson was convicted for burning a flag during a protest at the 1984 Republican National Convention. The Court ruled 5 to 4 that the government could not prohibit expression simply because it is offensive or disagreeable.

The ruling sparked fierce national debate. Supporters saw it as a critical affirmation of free speech, while opponents viewed it as an attack on national pride and demanded a constitutional amendment to ban flag desecration. Despite several legislative attempts, the ruling has remained in place, standing as one of the most controversial First Amendment cases in American legal history.

80s insight: The ruling underscored the tension between patriotism and personal liberty that defined much of the political discourse in the late 80s, a decade marked by bold expressions of identity and deep divisions over national values.

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