Justice William J. Brennan Jr. authored the 5-4 majority opinion in Texas v. Johnson (491 U.S. 397, 1989), holding that burning the American flag constitutes expressive conduct protected by the First...
Which documented instances of flag burning did the Trump administration cite when issuing its August 25, 2025 executive order directing the Department of Justice to prosecute flag desecration despite Supreme Court precedents Texas v. Johnson (1989) and United States v. Eichman (1990)?
Under President Trump's August 25, 2025 Executive Order 'Prosecuting Burning of the American Flag,' what penalty is imposed for flag burning?
Under Texas v. Johnson (1989) and United States v. Eichman (1990), can the executive branch prosecute flag burning when no incitement to imminent lawless action or other crimes are involved?
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