| Venue: | SCOTUS |
| Facts: | Don't burn flags in Texas-- they hate that. |
| Posture: | Convicted for violating TX law. |
| Issue: | Is his conviction consistent with 1A? |
| Holding: | No. |
| Rule: | Need to careully consider the actual circumstances surrounding the expression, asking whether the expresssion "is directed to inciting or producing imminent lawless action and is likely to produce such action." |
| Reasoning: | There'd be no trouble if he burned the flag because it was dirty or
torn. We're just concerned about whether this fits in the
"fighting words" exception. But the reason his speech is
being restricted is because of the content of his message.
We've got no text or precedent saying that the flag is specially protected. All sorts of other offensive speech is tolerated. |
| Dicta: | Rhenquist (dissenting): The government may conscript men into the armed
forces where they must fight and perhaps die for the flag, but
the government may not prohibit the public burning of the banner
under which they fight.
Stevens (dissenting): this isn't about disagreeable ideas-- it's disagreeable conduct that diminishes the value of an important national asset. We wouldn't have any trouble going after this jive turkey if he spraypainted the Lincoln memorial. |