flag burning feature

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United States v. Shawn D. Eichman, David Gerald Blalock and Scott W. Tyler

By June 11, 1990

The Supreme Court in United States v. Eichman invalidates the Flag Protection Act of 1989. The Court finds that the statute violates free speech. Following the Eichman decision, Congress considered and rejected a Constitutional Amendment specifying that “the Congress and the States have the power to prohibit the physical desecration of the flag of the United States.” The amendment failed to muster the necessary two-thirds Congressional majorities, as it was supported by only a 254–177 margin in the House (290 votes were necessary) and a 58–42 margin in the Senate (67 votes were necessary).