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President Donald Trump has signed an executive order requiring the Justice Department to investigate instances of flag burning.. Texas v. Johnson, 491 U.S. 397 (1989), is a landmark decision by the Supreme Court of the United States in which the Court held, 5-4, that burning the flag of the United States was protected speech under the First Amendment to the U.S. Constitution, as doing so counts as symbolic speech and political speech. Activist Gregory Lee Johnson was convicted for burning an American flag during a.

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Trump says flag burning incites violence and riot. A Supreme Court ruling cast doubt on that claim. A 1989 decision joined by Justice Scalia said flag desecration is free speech.. The Flag Protection Act of 1989 outlawed mutilation, defacement, and other attacks on the American flag, while still allowing for the disposal of “worn or soiled” flags. The Supreme Court took up a challenge to the 1989 law and heard arguments on it 11 months after releasing the Johnson decision. In United States v.