Burning the Flag: The Great 1989-1990 American Flag Desecration ControversyIn 1989 a political fire storm erupted after the United States Supreme Court declared that dissidents had the constitutional right under the First Amendment to burn the flag. To some, including President George Bush and many members of Congress, the flag was a sacred symbol of American freedoms. They believed its physical destruction posed a serious threat to the country and demanded a constitutional amendment to reverse the Court's decision. For those who defended the Court's ruling, flag desecration was a form of constitutionally protected free speech, and any attempt to forbid such conduct was seen as creating a dangerous precedent. Burning the Flag brings together the disciplines of law, journalism, political science, and history to explain and place the development of the controversy in its full context. It is based on extensive research in legal, congressional, and journalistic sources and on exclusive interviews with nearly 100 of the key players in the dispute, among them flag burners, judges, lawyers and lobbyists on both sides, members of Congress, congressional aides, and journalists. A timely addendum chronicles the late 1995 attempts once again to pass a constitutional amendment on flag desecration, adding to the significance of this readable account. Burning the Flag will be of value to both an academic and a general audience, particularly to civil libertarians, flag buffs, and those interested in popular media, American politics, modern American history, and constitutional law. |
Contents
The Texas Trials of Gregory Lee Johnson 19841988 | 37 |
The Flag Controversy Moves to Center Stage | 72 |
The Immediate PostJohnson Flag Firestorm | 113 |
The 1989 Decline and Fall of the Constitutional | 189 |
The Flag Protection Act and the Federal District | 231 |
The Supreme Court and Flag Burning Round Two | 256 |
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1990 interview ACLU acts amendment opponents American flag argued Atlanta Constitution attorney backers Biden Bill of Rights brief burning a flag burning the flag Chicago Chicago Tribune civil liberties columnist conduct Congress congressional constitutional amendment constitutionally conviction Criminal Appeals Dallas debate declared defend Democratic display dissent district court Eichman Eichman ruling endorsed example expression federal flag burners flag burning flag controversy flag desecration amendment flag desecration controversy flag desecration issue flag desecration laws flag issue Flag Protection free speech freedom House interest Johnson decision Johnson ruling July June 21 Justice Department Kunstler lawyers leader legislative majority ment Newsday offense oral argument outlawed patriotism percent physical integrity prosecutions protect the flag reported Representative Republican SAIC Senate Starr statute suggested Supreme Court symbolic value termed Texas Texas law unconstitutional uphold USA Today veterans vote Washington Post William Kunstler York