Key Facts
- Year Decided
- 1989
- Vote
- 5-4
- Category
- Free Speech
Summary
Burning the American flag is protected symbolic speech.
Affirmed that even deeply offensive expression is constitutionally protected.
Related Cases (Free Speech)
Schenck v. United States
1919Vote: 9-0
Established the "clear and present danger" test for limiting free speech.
Tinker v. Des Moines
1969Vote: 7-2
Students do not "shed their constitutional rights at the schoolhouse gate."
New York Times Co. v. United States
1971Vote: 6-3
The government cannot prevent newspapers from publishing the Pentagon Papers.
Citizens United v. FEC
2010Vote: 5-4
Corporations and unions have a First Amendment right to spend unlimited money on political ads.