The Supreme Court's decisions in Texas v. Johnson (1989) and United States v. Eichman (1990) both affirmed and expanded the protections of freedom of speech under the First Amendment by addressing the issue of flag desecration as a form of expression.
In Texas v. Johnson, the Court ruled that flag burning constitutes symbolic speech that is protected by the First Amendment. The case involved Gregory Lee Johnson, who burned an American flag during a political protest, and the Court held that the government could not prohibit this act simply because it was offensive to some people. The ruling emphasized that the government cannot make laws that restrict expression based on its content or viewpoint, reinforcing the principle that freedom of speech includes actions that may be unpopular or controversial.
Following this, in United States v. Eichman, the Court struck down the Flag Protection Act of 1989, which was enacted in response to the Johnson decision. The Court ruled that the Act infringed on individuals' rights to express themselves, further clarifying that symbolic speech, including flag burning, is safeguarded under the Constitution.
Together, these cases clarified that the First Amendment protects not only spoken and written words but also actions with expressive content, thereby solidifying the principle that freedom of speech encompasses a wide variety of forms of expression, even those that may evoke strong emotional responses from the public.