General Discussion
In reply to the discussion: I guess it is a stupid way to get your idea across... and it does tend to alienate people. [View all]JDPriestly
(57,936 posts)it is not illegal. In fact, it is protected speech under the first Amendment.
Texas v. Johnson, 491 U.S. 397 (1989), was an important decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that the defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States Constitution. Johnson was represented by attorneys David D. Cole and William Kunstler.
http://en.wikipedia.org/wiki/Texas_v._Johnson
United States v. Eichman, 496 U.S. 310 (1990) was a United States Supreme Court case that invalidated a federal law against flag desecration as violative of free speech under the First Amendment to the Constitution. It was argued together with the case United States v. Haggerty. It built on the opinion handed down in the Court's 1989 decision in Texas v. Johnson, which invalidated on First Amendment grounds a Texas state statute banning flag-burning.
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Subsequent actions
On remand, the Eichman case was dismissed, as those defendants had only been charged with flag desecration. However, the Haggerty case had an additional charge of destruction of government property, as the burned flag was alleged to have been stolen from Seattle's Capitol Hill Post Office. To that charge, all four Seattle defendants pled guilty and were fined. Garza and Strong (who had prior convictions) served 3 days in jail each.
When Republicans retook control of Congress for the 104th session, the Flag Desecration Amendment was first proposed, which would grant the federal government the authority to proscribe flag burning. A resolution for this Amendment passed the House in every session from the 104th until the 109th Congress, but never got past the Senate (in the most recent vote, passage in the Senate failed by one vote), and has not been considered since the 109th Congress.
http://en.wikipedia.org/wiki/United_States_v._Eichman
The only people with an interest in bringing the issue of flag-burning back in the public eye are conservatives in my opinion. That's why I suspect that the flag-burning was an agitation by someone who does not really support OWS.