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ThoughtCo: Flag Burning Laws: The History of U.S. Laws Against Flag-Burning
Burning of the flag or otherwise desecrating it has been a form of civil protest for years, but especially during the protest against the Vietnam war. Congress passed laws against desecrating the flag, but the Supreme Court in 1984 ruled those laws as a violation of the free speech in the First Amendment. The vote was 5-4.
The flag wavers in Congress hoped to pass a Constitutional Amendment against flag desecration but that effort has also died in 2005.
I have to wonder now that if the Republican controlled House and Senate along with the Executive branch would try again to pass the Flag Protection Act of 1989, which was also struck down by the Supreme Court, that this time they might be successful. I suppose it depends on the Kennedy vote.
However, all we need is for one more justice to retire and be replaced by another Gorsuch type, and you can expect Republicans to try again with a good chance of success.
This is just one more reason why we need to win the House in 2018. It is the most important thing for Democrats going forward to stop the Trump train from further eroding our rights. The only thing standing in our way is party unity.
While I am personally opposed to all forms of flag desecration, I strongly believe in the protection of free speech.