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United States Vs. Eichman
Cites for this judgment
- US Supreme Court
- Jun 11, 1990
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U.S. 310 (1990) U.S. Supreme Court United States v. EichmanSearch
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U.S. 310 (1990) United States v. EichmanSearch
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FROM THE DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Syllabus After this Court held, in Texas v. JohnsonSearch
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of the Flag Protection Act of 1989 is consistent with the First Amendment. Applying our recent decision in Texas v. JohnsonSearch
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U. S. 406 (citation omitted). We next considered and rejected the State's contention that, under United States v. O'BrienSearch
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id. at 491 U. S. 412 , quoting Boos v. BarrySearch
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does not enjoy the full protection of the First Amendment. Cf. Chaplinsky v. NewSearch
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Spence v. WashingtonSearch
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Johnson, supra, at 491 U. S. 418 , quoting West Virginia Board of Education v. BarnetteSearch
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offensive to many. But the same might be said, for example, of virulent ethnic and religious epithets, see Terminiello v. ChicagoSearch
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U. S. 1 (1949), vulgar repudiations of the draft, see Page 496 U. S. 319 Cohen v. CaliforniaSearch
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U. S. 15 (1971), and scurrilous caricatures, see Hustler Magazine, Inc. v. FalwellSearch
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to pass on the validity of laws regulating commercial exploitation of the image of the United States flag. See Texas v. JohnsonSearch
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Halter v. NebraskaSearch
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Government's interest in protecting publicly owned flags might justify special measures on their behalf. See Spence v. WashingtonSearch
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interest supporting the prohibition. Contrary to the position taken by counsel for the flag burners in Texas v. JohnsonSearch
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to the country's Vietnam policies, or at least to the Page 496 U. S. 321 compulsory draft. In Texas v. JohnsonSearch
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and (3) the question whether tolerance of flag burning will enhance or tarnish that value. The opinions in Texas v. JohnsonSearch
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about meaner ends. And, as I have suggested, the residual value of the symbol after this Court's decision in Texas v. JohnsonSearch
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conflicting interests that are at stake. I remain persuaded that the considerations identified in my opinion in Texas v. JohnsonSearch
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U.S. Supreme Court United States v. EichmanSearch
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Texas v. JohnsonSearch
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of the First Amendment. Cf. Chaplinsky v. NewSearch
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Spence v. WashingtonSearch
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West Virginia Board of Education v. BarnetteSearch
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Cohen v. CaliforniaSearch
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See Texas v. JohnsonSearch
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In Texas v. JohnsonSearch
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United States v. O'BrienSearch
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