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United States v. Eichman

No. 89-1433 SCOTUS · Teaching/Historical Teaching/Historical SCOTUS

Case Overview

The Supreme Court reaffirmed that burning the American flag is constitutionally protected expression under the First Amendment, striking down the federal Flag Protection Act of 1989. The Court extended its holding from Texas v. Johnson (1989) to the federal statute.


The Conclusion

**The Supreme Court held that the Flag Protection Act of 1989 was unconstitutional because it suppressed expression out of concern for its likely communicative impact.** Flag burning is protected First Amendment expression.

CourtSupreme Court of the United States
Filed -
CL Status -

No circuit court data for this case.

Cert Granted -
Status -
Filed (CL) -
SCOTUS TMR-92c1a5c6 Jul 19, 2026
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