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In 1989, the Supreme Court handed down its decision in Texas v. Johnson declaring it a constitutional right for individuals to burn the American flag in political protest. The Court wrote:
…recognizing the communicative nature of conduct relating to flags. Attaching a peace sign to the flag, refusing to salute the flag, and displaying a red flag…may find shelter under the First Amendment.
The Supreme Court ruled that such actions in the context of a political protest are expressive political speech protected by the free speech clause of the First Amendment. This is the state of First Amendment law. Burning the American flag is legal... Download file "San Francisco State forgets a great American ideal: free speech"