this post was submitted on 21 Aug 2025
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Hate speech is literally more protected than this, lol, lmao

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[–] Evilphd666@hexbear.net 9 points 8 months ago* (last edited 8 months ago) (2 children)

I don't think he can overturn long standing case law like that.

AI slop

The U.S. Supreme Court case Texas v. Johnson (1989) affirmed that burning the American flag is protected speech under the First Amendment. Gregory Lee Johnson burned a flag during a political protest at the 1984 Republican National Convention in Dallas to protest the policies of the Reagan administration. He was convicted under a Texas law prohibiting desecration of a venerated object, but the Supreme Court reversed the conviction in a 5–4 decision.

The Court held that Johnson's flag burning constituted expressive conduct, or symbolic speech, protected by the First Amendment.

Justice William Brennan, writing for the majority, concluded that the state could not punish flag desecration to preserve the flag as a symbol of national unity, as this interest was directly related to suppressing expression.

The Court also found that the act did not threaten a breach of the peace, and the government cannot ban expression simply because it offends the audience.

Following this decision, Congress passed the Flag Protection Act of 1989, but the Supreme Court again struck it down in United States v. Eichman (1990), reaffirming that flag burning is a form of protected expressive conduct.

[–] SkingradGuard@hexbear.net 5 points 8 months ago

I don't think he can overturn long standing case law like that.

If anything, he's proven he can do anything he wants.

[–] PoY@lemmygrad.ml 1 points 8 months ago

He can because the first person to get arrested for it will fight it in court and the case will make its way to the supreme court who will rule the other way this time and that will be that