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This paper looks at U.S. v. Eichmann, including the facts of the case, constitutional issues presented, majority decision and rationale, dissent and rationale, and analysis of the decision on society. Bibliography lists 2 sources. JVeichma.rtf
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and certain Dallas corporations. No one was injured, but many who observed, were offended by the desecration of the flag, which under 18 U.S.C. 700(a)(1) (1988 ed., Supp. I), is
unlawful. Johnson was convicted in 1989 of desecration in violation of the Texas statute. A State Court of Appeals affirmed, but the Texas Court of Criminal Appeals reversed the decision,
first upholding the First Amendment right to free speech expression, then finding Johnson guilty for desecrating the symbol of national unity. The flag is sanctioned under Texas criminal statutes.
This decision led to the U.S. Congress passing the Flag Protection Act of 1989, which made it a felony for anyone who "knowingly
mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon" a U.S. flag, except in relation to the disposal of "worn or soiled" flags (496 U.S.
310, 315). To test the law, liberals burned flags, were imprisoned, and released by lower court decisions until the appeal again reached
the Supreme Court. In United States v. Eichmann, 496 U.S. 310 (1990) The court reversed its decision in Texas v. Johnson, 491 U.S. 397. This decision had originally upheld the
Texas statute criminalizing desecration of the flag and had provided the flag protection language for the Flag Protection Act of 1989. The
court also found the 1989 Act unconstitutional by upholding the individual freedom of expression under the First Amendment. As the court stated, the lower courts had also held the Act
unconstitutional, which made them rethink their opinion in Johnson. Justice Brennan delivered the opinion of the Court, in which Justices Marshall, Blackmun, Scalia
...