The United States V. Case Essay

800 Words Jan 26th, 2016 4 Pages
1. When Eichman burned American flags on the steps of the U.S. capitol he violated the Flag Protection Act of 1989, which states “it is a crime to deface, damage, or otherwise physically mistreat an American flag in a way […] persons likely to observe or discover this action. The Act proscribes conduct that damages or mistreats a flag without regard to the actor’s motive, his intend message, or the likely effects of his conduct onlookers.”
2. There are some people who are very patriotic, and believe that someone who burns a symbolic figure should be punish. There are others who believe that the First Amendment gives any person the right to do whatever they please with their flag. The United States V. Eichman case exemplifies a dilemma with a question of judgement. Eichman move to dismiss the charges on the ground that the Act does not target expressive conduct on the basis of the content of its message.
3. The court case decision in Texas v. Johnson had the same issue in wheter or not flag burning constitutes “symbolic speech” protected by the First Amendment.
4. Congress’s response to the court decision in Texas V. Johnson was to pass the, Flag Protection Act 1989, which states that whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, […] any flag of the United States shall be fined or imprisoned for not more than one year or both. This response from Congress demonstrates that the government interest is solely based on how…

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