STATEMENTS BY SUPREME COURT JUSTICES - TEXAS VS JOHNSON, 491 U.S. 397 (1989)
"The American flag....throughout more than 200 years of our history, has
come to be the visible symbol embodying our Nation. It does not represent
the views of any particular political party, and it does not represent any
particular political philosophy. The flag is not simply another "idea" or
"point of view" competing for recognition in the marketplace of ideas.
Millions and millions of Americans regard it with an almost mystical
reverence regardless of what sort of social, political, or philosophical
beliefs they may have. I cannot agree that the First Amendment invalidates
the Act of Congress, and the laws of 48 of the 50 states, which make
criminal the public burning of the flag."
Chief Justice William Rehnquiest
(joined by Justices O'Connor and White)
491 U.S. at 429
"In my considered judgment, sanctioning the public desecration of the flag
will tarnish its value - both for those who cherish the ideas for which it
waves and for those who desire to don the robes of martyrdom by burning it.
That tarnish is not justified by the trivial burden on free expression
occasioned by requiring that an available, alternative mode of expression -
including uttering words critical of the flag....be employed."
Justice John Paul Stevens
491 U.S. at 437
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