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Constitutional Law Keyed to Choper
United States v. Eichman
Citation:
496 U.S. 310 (1990)Facts
In 1989, Congress passed the Flag Protection Act in response to the Supreme Court’s decision in Texas v. Johnson, which had invalidated a Texas statute prohibiting flag desecration. The Act made it a criminal offense to knowingly mutilate, deface, physically defile, burn, maintain on the floor or ground, or trample upon any U.S. flag. Shortly after the Act’s passage, several individuals, including Eichman, burned U.S. flags in separate incidents. In Washington, D.C., protesters burned several flags on the steps of the U.S. Capitol while protesting various aspects of government policy. In Seattle, other protesters burned a flag to protest the Act’s passage. The government prosecuted these individuals under the Flag Protection Act, but both the District Court for the Western District of Washington and the District Court for the District of Columbia dismissed the charges, holding that the Act was unconstitutional as applied to the defendants.
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