Legal Question in Constitutional Law in Illinois

Desacration of the American Flag

Has there been a case before the U.S. Supreme Court asking for a change to the US Code Title 36 as it pertains to the desecration of the American Flag? Has anyone ever tried to alter the U.S. Consitution to include rules or guidelines regarding the display, use of or disposal of the American flag? If so, what was the case number and what would be the best way for me to obtain a copy of the case?


Asked on 6/27/02, 10:23 pm

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Desacration of the American Flag

At present public destruction of the flag as a statement of protest is protected speech under the First Amendment.

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Answered on 6/28/02, 11:32 am
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Desacration of the American Flag

Check out the following United States Supreme Court cases: (1) Texas v. Johnson, 491 U.S. 397, 109 S.Ct. 2533 (1989); and (2) United States v. Eichman, 496 U.S. 310, 110 S.Ct. 2404 (1990).

You can probably find these cases on www.findlaw.com. If not, feel free to email me, and I will be happy to send you a copy.

-- Kenneth J. Ashman; [email protected]; www.lawyers.com/alo

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Answered on 6/30/02, 11:05 pm


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